Request for Reconsideration

A firm requested reconsideration of a decision regarding defects in a solicitation issued by the Department of the Navy. It was concluded that the protest was untimely. The protester received the Navy's letter acknowledging that revisions were being considered and extending the closing date for receipt of proposals by 2 months. The protesting firm assumed from the letter that the disputed issues were negotiable. GAO, however, disagreed with the protester. The firm was not told that revisions would be made, but was put on notice that the Navy planned to review the solicitation defect before the closing date. When the Navy subsequently did not correct the alleged defects before the new closing date for receipt of proposals, the protester was thereby placed on constructive notice of adverse agency action on its protest. The protester should have known that the solicitation would not be amended and should have filed a protest to GAO when the new closing date for receipt of proposals arrived without the Navy having corrected the alleged defects. Since the protester had not shown that the prior decision was based on an error of fact or law, that decision was affirmed.