The GAO refused to review a bid protester’s allegation that the awardee of a NASA contract for space communications network services gained an unfair competitive advantage through its retention of a former NASA official as a consultant for the procurement because the protester failed to timely report this alleged procurement integrity violation to NASA. Honeywell Technology Solutions, Inc., B-400771 et al., Jan. 27, 2009, 2009 CPD ¶ 49. In accordance with statutory procurement integrity provisions and the GAO’s bid protest regulations, the GAO cannot consider a protester’s allegation of a procurement integrity violation unless the protester reported the alleged violation to the contracting agency within 14 days after first becoming aware of the information or facts giving rise to the alleged violation. Here, approximately 10 months before award (and a month before the solicitation was issued) a vice president of the protester learned at a NASA holiday party that a former NASA official, who had been involved in overseeing the developmental and operational elements of the procurement’s statement of work, was assisting another offeror (the eventual awardee) with its proposal. The protester, however, failed to report this potential procurement integrity violation to NASA within 14 days after the holiday party and, instead, first raised the alleged violation nearly a year later in a post-award GAO protest. The GAO therefore dismissed the allegation as untimely.
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