Request for Reconsideration

A firm requested reconsideration of a prior protest which was held to have been untimely filed and, consequently, not for consideration. The protester received the Navy's denial of its protest on January 13, 1981, and the letter of protest to GAO was received more than 10 working days later. The protester stated that, in the interest of cost savings to the Government, it attempted to reach a solution of its protest by continuing to pursue the matter with the Navy after January 13. The possibility of requesting the opinion of a disinterested third party was discussed, and the Navy advised that this possibility would be considered. It was not until February 12 that the protester was advised by the Navy that the original evaluation of proposals was considered to have been adequate, that obtaining the opinion of a third party was not considered necessary, and that the original denial of the protest was the contracting officer's final decision. The protester believed that February 12 should have been considered the date from which the 10 working days were computed in determining the timeliness of its protest to GAO. While the protester may have continued pursuing its protest with the agency after the initial adverse agency action, this does not affect the 10-day requirement for a timely filing with GAO. Therefore, the date upon which the protester learned of the initial adverse agency action was controlling. Accordingly, the prior decision was affirmed.