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B-229582.10, Mar 14, 1988, 88-1 CPD 261

B-229582.10 Mar 14, 1988
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Highlights

PROCUREMENT - Bid Protests - GAO Procedures - Administrative Reports Comments Timeliness PROCUREMENT - Bid Protests - GAO Procedures - GAO Decisions - Reconsideration DIGEST: A protest file which was closed because the protester failed to timely file comments with General Accounting Office (GAO) within 7 working days after the protester received a copy of the contracting agency's report will not be reopened where the comments were sent only to the agency. The sole basis for Baxter's request for reconsideration is its allegation that a timely response to the agency report was sent to "Walter Thomas.". Thomas was Acting Associate General Counsel for Contracting for DCSC. We have affirmed our earlier dismissals for failure to file within the prescribed time frame.

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B-229582.10, Mar 14, 1988, 88-1 CPD 261

PROCUREMENT - Bid Protests - GAO Procedures - Administrative Reports Comments Timeliness PROCUREMENT - Bid Protests - GAO Procedures - GAO Decisions - Reconsideration DIGEST: A protest file which was closed because the protester failed to timely file comments with General Accounting Office (GAO) within 7 working days after the protester received a copy of the contracting agency's report will not be reopened where the comments were sent only to the agency, not GAO.

J.H. Baxter & Company-- Request for Reconsideration:

J.H. Baxter & Company requests that we reconsider our dismissal of its protest concerning request for proposals No. DLA720-88-R-0001, issued by the Defense Construction Supply Center (DCSC) for certain plywood items.

We affirm our dismissal.

We dismissed Baxter's protest because the protester failed to respond to DCSC's report within the time required under our Bid Protest Regulations, 4 C.F.R. Sec. 21.3(e) (1987). In pertinent part, that regulation provides that "comments on the agency report should be filed with the General Accounting Office within 7 days after receipt of the report ..." To date, Baxter has not provided our Office with any comments.

The sole basis for Baxter's request for reconsideration is its allegation that a timely response to the agency report was sent to "Walter Thomas." At the time, Mr. Thomas was Acting Associate General Counsel for Contracting for DCSC.

In virtually identical situations involving comments sent to the contracting agency rather than to our Office, we have affirmed our earlier dismissals for failure to file within the prescribed time frame, noting the need for a speedy and just resolution of protests without undue disruption of the federal procurement process. See, e.g., KACO Contracting Co.-- Reconsideration, B-228899.2, Nov. 2, 1987, 87-2 CPD Para. 433. Accordingly, we affirm our prior dismissal in this matter.

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