[Request for Reconsideration of Dismissal of Protest Against HHS Contract Award]

B-225955.2: May 12, 1987

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A firm requested reconsideration of its dismissed protest against an Indian Health Service contract award. GAO had dismissed the protest as untimely. In its request for reconsideration, the protester contended that: (1) it substantially complied with the timeliness requirements, since it timely notified the agency of the basis for protest; (2) its protest was late for good cause and raised a significant issue; (3) GAO regulations did not expressly provide for dismissal of untimely protests; and (4) the dismissal violated its right to due process. GAO held that: (1) the protester did not timely protest to GAO; (2) the protest did not fall within the exceptions to its timeliness rules; (3) its protest regulations expressly provided for dismissal; and (4) the protester misconstrued its right to due process. Accordingly, the request for reconsideration was denied.