B-189977, OCTOBER 19, 1977
Highlights
REQUEST FOR RECONSIDERATION FILED MORE THAN 10 WORKING DAYS AFTER BASIS FOR RECONSIDERATION IS KNOWN IS UNTIMELY FILED. 2. VANIR ASSERTS THAT ITS INITIAL PROTEST SHOULD HAVE BEEN CONSIDERED UNDER 4 C.F.R. 20.2(3)(C) (1977). STATE THAT: "REQUEST FOR RECONSIDERATION OF A DECISION * * * SHALL BE FILED NOT LATER THAN 10 DAYS AFTER THE BASIS FOR RECONSIDERATION IS KNOWN OR SHOULD HAVE BEEN KNOWN. WHICHEVER IS EARLIER. VANIR SHOULD HAVE FILED ITS REQUEST FOR RECONSIDERATION WITHIN 10 DAYS OF ITS RECEIPT OF OUR SEPTEMBER 2 DECISION. WAS FILED IN THIS OFFICE ON SEPTEMBER 27. THE REQUEST FOR RECONSIDERATION IS UNTIMELY. ALTHOUGH OUR PRIOR DECISION WAS SILENT ON THIS POINT. 1977 IS AFFIRMED.
B-189977, OCTOBER 19, 1977
1. REQUEST FOR RECONSIDERATION FILED MORE THAN 10 WORKING DAYS AFTER BASIS FOR RECONSIDERATION IS KNOWN IS UNTIMELY FILED. 2. ALLEGATION THAT AGENCY PROCUREMENT ACTION RESULTED IN SUBSTANTIAL MONTARY LOSS TO GOVERNMENT DOES NOT RAISE "SIGNIFICANT ISSUE" WITHIN MEANING OF GAO BID PROTEST PROCEDURES.
VANIR RESEARCH COMPANY - RECONSIDERATION:
VANIR RESEARCH COMPANY (VANIR) REQUESTS RECONSIDERATION OF OUR DECISION IN VANIR RESEARCH COMPANY, B-189977, SEPTEMBER 2, 1977, DISMISSING AS UNTIMELY ITS PROTEST AGAINST THE AWARD OF A CONTRACT UNDER REQUEST FOR PROPOSALS NO. GS-09B-76041, ISSUED BY THE GENERAL SERVICES ADMINISTRATION (GSA).
IN ITS REQUEST FOR RECONSIDERATION, VANIR ASSERTS THAT ITS INITIAL PROTEST SHOULD HAVE BEEN CONSIDERED UNDER 4 C.F.R. 20.2(3)(C) (1977), NOTWITHSTANDING ITS UNTIMELINESS, BECAUSE IT RAISES AN ISSUE SIGNIFICANT TO PROCUREMENT PRACTICES AND PROCEDURES, THAT ISSUE BEING THAT THE PROCUREMENT PRACTICE USED BY GSA IN AWARDING THE CONTRACT "RESULTED IN A SUBSTANTIAL MONETARY LOSS TO THE GOVERNMENT."
OUR BID PROTEST PROCEDURES, SPECIFICALLY 4 C.F.R. 20.9(B), STATE THAT:
"REQUEST FOR RECONSIDERATION OF A DECISION * * * SHALL BE FILED NOT LATER THAN 10 DAYS AFTER THE BASIS FOR RECONSIDERATION IS KNOWN OR SHOULD HAVE BEEN KNOWN, WHICHEVER IS EARLIER. THE TERM 'FILED' AS USED IN THIS SECTION MEANS RECEIPT IN THE GENERAL ACCOUNTING OFFICE."
IN ACCORDANCE WITH THAT PROVISION, VANIR SHOULD HAVE FILED ITS REQUEST FOR RECONSIDERATION WITHIN 10 DAYS OF ITS RECEIPT OF OUR SEPTEMBER 2 DECISION. THE REQUEST, HOWEVER, WAS FILED IN THIS OFFICE ON SEPTEMBER 27, 1977. IN VIEW THEREOF, THE REQUEST FOR RECONSIDERATION IS UNTIMELY. LECTROMAGNETICS, INCORPORATED, B-186867, JANUARY 10, 1977, 77-1 CPD 16.
MOREOVER, ALTHOUGH OUR PRIOR DECISION WAS SILENT ON THIS POINT, WE CONSIDERED BUT FOUND NO BASIS FOR VIEWING THE PROTEST AS RAISING A SIGNIFICANT ISSUE PRIOR TO OUR DISMISSING IT INITIALLY. WE POINT OUT IN THIS REGARD THAT "'ISSUES SIGNIFICANT TO PROCUREMENT PRACTICES OR PROCEDURES' REFERS NOT TO THE SUM OF MONEY INVOLVED, BUT TO THE PRESENCE OF A PRINCIPLE OF WIDESPREAD INTEREST." 52 COMP.GEN. 20, 23 (1973).
OUR DECISION OF SEPTEMBER 2, 1977 IS AFFIRMED.