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[Request for Reconsideration]

B-208884.2 Dec 14, 1982
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Highlights

A firm requested a reconsideration of a decision in which GAO dismissed its protest of a contract award for lounge furniture for which the Air Force used competitive procurement rather than purchasing the furniture under the protester's Federal Supply Schedules (FSS) contract. GAO had held that the prior protest was untimely filed. The protester alleged that the determination of untimeliness was predicated on a factual error because it was not an unsuccessful bidder; it further alleged that the protest issues warranted consideration on the merits under the significant issue exception to the timeliness rules of bid protest procedures. GAO stated that the fact that the protester did not submit a bid under the solicitation was of no consequence in the decision since the protester knew the subject of the solicitation as well as the bid opening date. Regarding the argument that the significance of the issues raised by the protester exempted it from the timeliness rules, GAO stated that to meet this criteria, the issues must: (1) evidence a principle of widespread interest or importance to the procurement community, and (2) involve a matter not considered on the merits in previous decisions. GAO stated that this protest met neither of these criteria. Accordingly, the prior decision was affirmed.

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