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[Request for Reconsideration]

B-209555.2 Mar 23, 1983
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Highlights

A firm requested reconsideration of a GAO decision which dismissed its protest on the basis that the protest did not raise an issue that was reviewable by GAO under a bid protest function. In its request for reconsideration, the protester contended that it had since learned that the solicitations involved included provisions which limited competition. GAO stated that bid protest procedures require a request for reconsideration to contain a statement of the the factual and legal grounds upon which reversal or modification of a decision is deemed warranted. The protester's new request did not challenge the validity of the initial decision, or the facts or law upon which it was based, but raised a new issue that was based on an allegation not presented in connection with the initial decision. Therefore, GAO treated the request for reconsideration as a new protest which must independently satisfy the timeliness requirements of bid protest procedures. The restrictions to which the protester objected were obvious on the face of the solicitations, and any protest objecting to solicitation specifications should have been filed prior to the closing dates for receipt of initial proposals. Since this protest was not filed within this timeframe, it was untimely. Accordingly, the protest was dismissed.

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