B-216030.2, JAN 7, 1985, 85-1 CPD 23

B-216030.2, JAN 7, 1985, 85-1 CPD 23

CONTRACTS - PROTESTS - GENERAL ACCOUNTING OFFICE PROCEDURES - RECONSIDERATION REQUESTS - ERROR OF FACT OR LAW - NOT ESTABLISHED DIGEST: WHERE PROTESTER HAS NOT ESTABLISHED THAT DECISION WAS BASED ON ERRONEOUS INTERPRETATION OF EITHER FACT OR LAW, DECISION IS AFFIRMED.

ISS ENERGY SERVICES, INC.-- RECONSIDERATION:

IN OUR DECISION ISS ENERGY SERVICES, INC., B-216030, AUG. 27, 1984, 84-2 CPD PARA. 230, WE DISMISSED AN UNTIMELY A PROTEST FILED BY ISS ENERGY SERVICES, INC. (ISS). WE HELD THAT THE CAUSE OF THE UNTIMELY RECEIPT OF THE PROTEST-- THE FAILURE OF ISS TO ADDRESS THE PROTEST IN ACCORDANCE WITH THE INSTRUCTIONS SET FORTH IN OUR BID PROTEST PROCEDURES (4 C.F.R. PART 21 (1984))-- DID NOT EXCUSE THE UNTIMELY RECEIPT.

ISS REQUESTS THAT WE RECONSIDER OUR DECISION IN VIEW OF THE ALLEGED FAILURE OF OUR BID PROTEST PROCEDURES TO CONTAIN INFORMATION AS TO WHERE A PROTEST TO OUR OFFICE SHOULD BE SENT.

AS NOTED IN OUR PRIOR DECISION, THE PROPER ADDRESS TO WHICH PROTESTS SHOULD BE SENT IS SET FORTH IN OUR BID PROTEST PROCEDURES. 4 C.F.R. SEC. 21.1(B) PROVIDES AS FOLLOWS:

"(B) ... PROTESTS MUST BE ... ADDRESSED DO THE GENERAL COUNSEL, GENERAL ACCOUNTING OFFICE, WASHINGTON, D.C. 20548. TO EXPEDITE HANDLING WITHIN THE GENERAL ACCOUNTING OFFICE, THE ADDRESS SHOULD INCLUDE 'ATTN: BID PROTEST CONTROL UNIT.'" ACCORDINGLY, SINCE ISS HAS NOT ESTABLISHED THAT OUR PRIOR DECISION WAS BASED ON AN ERRONEOUS INTERPRETATION OF EITHER FACT OR LAW, THAT DECISION IS AFFIRMED. LITTLE HARBOR BOATYARD CORPORATION-- RECONSIDERATION, B-205027.2, JAN. 4, 1982. 82-1 CPD PARA. 7.