Orbit Advanced Technologies, Inc.

B-275046 Dec 10, 1996 Jump To VIEW DECISION RELATED PAGES GAO CONTACTS Highlights Protest to the General Accounting Office (GAO) will not be considered where it is preceded by an initial agency-level protest that was not timely filed within 14-day time period established by applicable Federal Acquisition Regulation provisions notwithstanding that protest was filed within 10 days of written debriefing. The agency's time for filing will control. We dismiss the protest because the initial protest to the agency was not timely filed. Orbit was advised that its proposed antenna measurement system failed to conform with paragraph 3.2.1.5.1 of the SOW. Which required that the system's "mechanical structure shall be capable of being mounted onto a Government designed and fabricated structure that is capable of being tilted up to 47 degrees from vertical". View Decision Matter of: Orbit Advanced Technologies, Inc. File: B-275046 Date: December 10, 1996 Protest to the General Accounting Office (GAO) will not be considered where it is preceded by an initial agency-level protest that was not timely filed within 14-day time period established by applicable Federal Acquisition Regulation provisions notwithstanding that protest was filed within 10 days of written debriefing; under Bid Protest Regulations, Sec. 21.2(a)(3), 61 Fed. Reg. 39039, 39043 (1996) (to be codified at 4 C.F.R. Sec. 21.2(a)(3)), where the contracting agency imposes a more stringent time period for filing than the time limits for filing a protest with GAO, the agency's time for filing will control. Attorneys DECISION Orbit Advanced Technologies, Inc. protests the Department of the Air Force's rejection of its proposal as unacceptable under request for proposals No. F42650-96-R-3320, for a near-field antenna measurement system. We dismiss the protest because the initial protest to the agency was not timely filed. By letter dated June 14, 1996, the Air Force advised Orbit that its "proposal has been found to be unacceptable in that it fails to conform to the essential requirements of the Statement of Work" (SOW). Specifically, Orbit was advised that its proposed antenna measurement system failed to conform with paragraph 3.2.1.5.1 of the SOW--which required that the system's "mechanical structure shall be capable of being mounted onto a Government designed and fabricated structure that is capable of being tilted up to 47 degrees from vertical"--because the system was "too massive to attach to one of the Government's support structures." In a letter dated June 26, the Air Force further explained to Orbit that its proposal was unacceptable because it included a fixed height support structure incorporating a tilt mechanism in its scanner design and the support structure was too tall to fit into any of the buildings being considered to house the system; the agency advised that the SOW had specified a government-designed tilt structure--rather than a contractor-furnished one--specifically to allow the system to be positioned at different heights to scan antennas mounted on various vehicles. Although the agency's June 26 letter afforded Orbit "an additional opportunity to provide an acceptable technical proposal," Orbit's subsequent revised proposal included suggestions such as digging a pit in the agency's test building or removing antennas from the vehicles for testing as a means of overcoming the agency's size concerns, but apparently did not offer to eliminate Orbit's built-in tilt mechanism. As a result, the agency viewed the proposal as unacceptable; Orbit was advised by letter dated July 25 why its proposed revisions were unsatisfactory and of the agency's overall determination that its proposal was "not technically acceptable, nor capable of being made technically acceptable." When Orbit then questioned specific elements of the agency's determination of unacceptability, and raised the possibility of filing a protest, the Air Force responded on August 6 that the evaluators had "once again thoroughly reviewed your technical submissions in an effort to keep you in the competitive arena. However, as you will see from the attached final determinations and findings, this is not possible." On August 8, Orbit requested "a formal debriefing" in accordance with Federal Acquisition Regulation (FAR) Sec. 15.1004. A written debriefing was furnished by letter dated August 30, and on September 6 Orbit filed an agency-level protest challenging the determination of unacceptability. Upon learning on September 30 that its agency-level protest had been denied, Orbit filed this protest with our Office (on October 10) again challenging the determination of unacceptability. Our Bid Protest Regulations contain strict rules for the timely submission of protests.