Request for Reconsideration

A firm requested reconsideration of a prior decision which GAO dismissed as an untimely protest as it was based upon allegedly restrictive specifications. GAO held that the protest of the firm to GAO was untimely because it was filed more than 10 days after the contracting activity's initial adverse action. The protester argued that GAO erred in treating its protest as having been filed initially with the contracting activity because the letters were actually addressed to the Comptroller General of the United States but were sent "through" the contracting officer in Germany for forwarding to GAO. The protester contended that, since its protest letters were sent to the contracting officer to forward to GAO before the proposal due date, the protest was timely filed. Although the contracting officer received the protest letters prior to the closing date for receipt of proposals, the letters were not received at GAO until more than 1 month after the proposal due date. GAO did not consider the protest to have been timely filed even if it was intended to be a protest to GAO rather than to the contracting agency. Accordingly, the request for reconsideration was denied.