Protest Alleging That Awardee's Bid Was Nonresponsive

B-195522: Sep 14, 1979

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A firm requested reconsideration of a decision dismissing its protest as untimely, alleging that the 10-day filing period should have been computed from the date it received notification of the award, rather than from the date of notification of the agency's denial of its prior protest. GAO found no validity to this argument. It has consistently held that where the basis of a protest is known prior to award, the protester may not wait until notification of award to file a protest. In this case the protester was provided an adequate basis upon which to file a timely protest with GAO because the agency's denial of the prior protest indicated an intent to make the award to the low bidder. The prior decision dismissing the protest as untimely was affirmed.

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