Request for Reconsideration

A firm requested reconsideration of a decision in which its protest against the solicitation's late proposal provision was dismissed as untimely. The basis for the firm's request for reconsideration involved a sentence in the decision which stated that "late proposal provisions incorporated by reference into a solicitation are binding and offerors are charged with constructive knowledge of their contents." The firm believed that this sentence amounted to a finding that it was properly notified of the applicable provision of the solicitation and that such a conclusion was inappropriate in a decision which dismissed the protest on a procedural ground. GAO held that the sentence in dispute was necessary to decide the protest. It was intended to state the general rule concerning incorporation by reference and support the fact that constructive knowledge of the late proposal provisions required any protest against these provisions to be filed prior to the closing date for the receipt of initial proposals. GAO could find no basis upon which to modify its prior decision; therefore, it was affirmed.