TITLE:  CBMC, Inc., B-295586, January 6, 2005
BNUMBER:  B-295586
DATE:  January 6, 2005

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   Decision

   Matter of:   CBMC, Inc.

   File:            B-295586

   Date:           January 6, 2005

   Jerry Seymore for the protester.

   Andrea Grill, Esq., Corporation for National and Community Service, for
the agency.

   Kenneth Kilgour, Esq., and Christine S. Melody, Esq., Office of the
General Counsel, participated in the preparation of the decision.

   DIGEST

   Protest is dismissed as untimely, where prospective contractors received
constructive notice of the protested contract award when that award was
posted on the FedBizOpps Internet site, and the protest was filed more
than 10 days after the award posting.

   DECISION

   CBMC, Inc. protests the award of a contract to Graebel Movers by the
Corporation for National and Community Service under solicitation No.
HQKMR0507 for relocation and moving services for its AmeriCorps-NCCC
Central Regional Campus.

   We dismiss the protest as untimely because it was filed more than 10
calendar days after the protester knew, or should have known, of the basis
for its protest.

   Our Bid Protest Regulations contain strict rules for the timely submission
of protests.  These rules require that a protest based on other than
alleged improprieties in a solicitation be filed, either with the agency
or our Office, no later than 10 calendar days after the protester knew, or
should have known, the basis for protest, whichever is earlier.  4 C.F.R.
S 21.2(a)(2) (2004).  Our timeliness rules reflect the dual requirements
of giving parties a fair opportunity to present their cases and resolving
protests expeditiously without unduly disrupting or delaying the
procurement process.  Peacock, Myers & Adams, B-279327, Mar. 24, 1998,
98-1 CPD P 94 at 3-4.

   According to the FedBizOpps Internet site, and as confirmed by the agency,
notice of the contract award was posted on www.fedbizopps.gov on December
17, 2004.  Publication of the award at the FedBizOpps Internet site put
prospective contractors, including CBMC, Inc., on constructive notice of
the award on that date.  See Specialty Marine, Inc., B-292053, May 19,
2003, 2003 CPD P 106 at 2, recon. denied, B-292053.2, July 29, 2003, 2003
CPD P 135.  CBMC's protest had to be filed no later than close of business
December 27 in order to be timely; a protest is considered "filed" on a
particular day under our rules when it is received by our Office by 5:30
p.m. on that day, 4 C.F.R. S 21.0(g), and we did not receive CBMC's
protest until after 9 p.m. on December 27.  Therefore, CBMC's protest is
untimely and will not be considered.

   The protest is dismissed. 

   Anthony H. Gamboa

   General Counsel
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