B-220672.2, NOV 13, 1985

B-220672.2: Nov 13, 1985

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THE "GOOD CAUSE" AND "SIGNIFICANT ISSUE" EXCEPTIONS IN SECTION 21.2(C) OF OUR BID PROTEST REGULATIONS APPLY ONLY TO PROTESTS WHICH ARE UNTIMELY FILED WITH GAO AND NOT PROTESTS TIMELY FILED. DOES NOT SHOW THAT DECISION TO DISMISS THE PROTEST FOR FAILURE TO FILE A COPY OF THE PROTEST WITH THE CONTRACTING OFFICER WITHIN 1 DAY AFTER THE PROTEST WAS FILED WITH GAO IS ERRONEOUS. IS NOT GERMANE TO REQUEST FOR RECONSIDERATION OF THE DISMISSAL. BECAUSE THE PROTESTERS FAILED TO FURNISH A COPY OF THE PROTEST TO THE CONTRACTING OFFICER WITHIN 1 DAY AFTER THE PROTEST WAS FILED WITH OUR OFFICE ON OCTOBER 3. THOSE EXCEPTIONS APPLY ONLY TO PROTESTS WHICH ARE UNTIMELY FILED WITH OUR OFFICE AND ARE NOT FOR APPLICATION IN DETERMINING WHETHER A PROTEST.

B-220672.2, NOV 13, 1985

CONTRACTS - PROTESTS - GENERAL ACCOUNTING OFFICE PROCEDURES - TIMELINESS OF PROTESTS - SIGNIFICANT ISSUE EXCEPTION - NOT FOR APPLICATION DIGEST: 1. THE "GOOD CAUSE" AND "SIGNIFICANT ISSUE" EXCEPTIONS IN SECTION 21.2(C) OF OUR BID PROTEST REGULATIONS APPLY ONLY TO PROTESTS WHICH ARE UNTIMELY FILED WITH GAO AND NOT PROTESTS TIMELY FILED, BUT OTHERWISE DEFICIENT. CONTRACTS - PROTESTS - GENERAL ACCOUNTING OFFICE PROCEDURES - RECONSIDERATION REQUESTS - ERROR OF FACT OR LAW - NOT ESTABLISHED 2. INFORMATION WHICH SUPPLEMENTS ORIGINAL GROUNDS OF PROTEST, BUT DOES NOT SHOW THAT DECISION TO DISMISS THE PROTEST FOR FAILURE TO FILE A COPY OF THE PROTEST WITH THE CONTRACTING OFFICER WITHIN 1 DAY AFTER THE PROTEST WAS FILED WITH GAO IS ERRONEOUS, IS NOT GERMANE TO REQUEST FOR RECONSIDERATION OF THE DISMISSAL.

NORMAN FORTUNATE AND PAUL RONALDO-- RECONSIDERATION:

NORMAN FORTUNATE AND PAUL RONALDO REQUEST RECONSIDERATION OF OUR DISMISSAL OF THEIR PROTEST UNDER REQUEST FOR QUOTATIONS NO. R1-16-85 229Q ISSUED BY THE DEPARTMENT OF AGRICULTURE.

WE DISMISSED THE PROTEST ON OCTOBER 16, 1985, BECAUSE THE PROTESTERS FAILED TO FURNISH A COPY OF THE PROTEST TO THE CONTRACTING OFFICER WITHIN 1 DAY AFTER THE PROTEST WAS FILED WITH OUR OFFICE ON OCTOBER 3, 1985, AS REQUIRED BY OUR BID PROTEST REGULATIONS, 4 C.F.R. SEC. 21.1(D) (1985).

WE AFFIRM THE DISMISSAL.

THE PROTESTER REQUEST THAT THE PROTEST BE CONSIDERED UNDER THE "GOOD CAUSE" OR "SIGNIFICANT ISSUE" EXCEPTION IN SECTION 21.2(C) OF THE BID PROTEST REGULATIONS, 4 C.F.R. SEC. 21.1(C) (1985). HOWEVER, THOSE EXCEPTIONS APPLY ONLY TO PROTESTS WHICH ARE UNTIMELY FILED WITH OUR OFFICE AND ARE NOT FOR APPLICATION IN DETERMINING WHETHER A PROTEST-- TIMELY FILED WITH GAO BUT OTHERWISE DEFICIENT-- SHOULD BE CONSIDERED. MARCONI ELECTRONICS, INC.-- RECONSIDERATION, 64 COMP.GEN. 331 (1985), 85-1 CPD PARA. 289.

FURTHER, THE PROTESTERS FURNISH INFORMATION SUPPLEMENTING THE GROUNDS OF PROTEST. THE PROTESTERS CONTEND THAT THE INFORMATION IS FOR CONSIDERATION UNDER SECTION 21.12(A) OF THE BID PROTEST REGULATIONS, 4 C.F.R. SEC. 21.12(A). THAT SECTION PROVIDES THAT ANY REQUEST FOR RECONSIDERATION OF DECISION SHALL CONTAIN A STATEMENT OF THE FACTUAL OR LEGAL GROUNDS UPON WHICH REVERSAL OR MODIFICATION IS DEEMED WARRANTED, SPECIFYING ERRORS OF LAW MADE OR INFORMATION NOT PREVIOUSLY CONSIDERED. THIS SECTION CONTEMPLATES THAT THE "INFORMATION NOT PREVIOUSLY CONSIDERED" BE INFORMATION WHICH SHOWS THAT THE DECISION BEING RECONSIDERED IS ERRONEOUS. BROMION INC.-- REQUEST FOR RECONSIDERATION, B-218545.2, MAY 22, 1985, 85-1 CPD PARA. 586. THE INFORMATION WHICH THE PROTESTERS PRESENT ONLY SUPPLEMENTS THE ORIGINAL GROUNDS OF PROTEST; IT DOES NOT SHOW THAT THE DECISION TO DISMISS THE PROTEST WAS ERRONEOUS. THEREFORE, THE INFORMATION PRESENTED IS NOT GERMANE TO THE REQUEST FOR RECONSIDERATION OF THE DISMISSAL.