Request for Reconsideration

A company requested reconsideration of a prior decision in which GAO dismissed its protest on the bases that it was partially untimely and partially premature. The company protested the General Services Administration's (GSA) handling of two solicitations. Under the first solicitation, GSA rejected the protester's bid and explained the basis of the rejection. GAO found this to constitute initial adverse agency action and dismissed the protest as untimely because it was filed more than 10 working days after the protester should have received the rejection. Under the second solicitation, the protester merely speculated that at some future time GSA might improperly deny an award to it. GAO found this to be premature, because GSA had done nothing adverse to the protester's interest. The protester contended that the prior decision was incorrect since, if the rationale of the decision under the second solicitation was applied to its protest of the first solicitation, it was clear that the protester should have waited until GSA made an award under the first before filing a protest with GAO, in which case its protest would would have been timely. Under the first solicitation, GSA rejected the protester's bid and denied its protest against such rejection. Bid protest procedures require the filing of a protest against such agency action within 10 days. No protest was filed under the first solicitation within that timeframe. There was no adverse agency action under the second solicitation at the time the protest was filed. Accordingly, the decision was affirmed.