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B-232038.2, Sep 9, 1988, 88-2 CPD 226

B-232038.2 Sep 09, 1988
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Highlights

Request for reconsideration of a decision of the General Accounting Office filed more than 10 working days after the basis for reconsideration is known is untimely and will not be considered. PROCUREMENT - Bid Protests - GAO procedures - Protest timeliness - Deadlines - Constructive notification 2.Lack of actual knowledge of the filing deadlines is not a bar to dismissal of a request for reconsideration since the Bid Protest Regulations are published in the Federal Register and protesters are charged with constructive knowledge of the contents. A request for reconsideration must be filed not later than 10 days after the basis for reconsideration is known or should have been known. Whichever is earlier.

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B-232038.2, Sep 9, 1988, 88-2 CPD 226

PROCUREMENT - Bid Protests - GAO procedures - Protest timeliness - 10 day rule - Reconsideration motions DIGEST: 1. Request for reconsideration of a decision of the General Accounting Office filed more than 10 working days after the basis for reconsideration is known is untimely and will not be considered. PROCUREMENT - Bid Protests - GAO procedures - Protest timeliness - Deadlines - Constructive notification 2.Lack of actual knowledge of the filing deadlines is not a bar to dismissal of a request for reconsideration since the Bid Protest Regulations are published in the Federal Register and protesters are charged with constructive knowledge of the contents.

Cara, Inc.:

CARA, Inc. requests reconsideration of our dismissal for untimeliness of its protest of the cancellation of solicitation No. N68836-87-R-0830 by the Naval Supply Systems Command.

We dismiss the request for reconsideration.

To be considered, a request for reconsideration must be filed not later than 10 days after the basis for reconsideration is known or should have been known, whichever is earlier. Bid Protest Regulations, 4 C.F.R. Sec. 21.12(b) (1988). CARA received the dismissal notice July 25, 1988, but did not file its request for reconsideration until August 30. Although CARA claims that at the time of our dismissal of its protest it was not informed of the reconsideration process, and therefore had no knowledge of the filing deadlines, we point out that our Bid Protest Regulations are published in the Federal Register and protesters are charged with constructive knowledge of their contents, even if they lack actual knowledge of them. See Great American Picture Co., Inc.-- Request for Reconsideration, B-227968.2, Aug. 13, 1987, 87-2 CPD Para. 155. Since the protest was filed more than 10 days after the basis for reconsideration was actually known, it is untimely filed and will not be considered.

The request for reconsideration is dismissed.

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