[Request for Reconsideration of Dismissal of Protest Against MSPB Contract Award]

A firm requested reconsideration of the dismissal of its protest against a Merit Systems Protection Board contract award, contending that its comments to the agency's report should have been received in a timely manner and the protest should, therefore, be reopened on the basis of the evidence of a certificate of mailing. GAO found that: (1) the comments to the agency's report were not received until 2 weeks after the protester indicated that it received the report; (2) a delay in the mail does not provide a basis for waiving bid protest regulations; (3) it is the protester's responsibility to exercise the diligence and care necessary to meet the 7-day filing requirement; and (4) although the protester mailed its comments within the 7-day period, the comments were not received in a timely manner. Accordingly, the dismissal was affirmed.