Request for Reconsideration

A firm requested reconsideration of a prior decision which dismissed as untimely the requester's basis of protest alleging that the Air Force conducted an improper auction. The requester contended that the GAO conclusion inappropriately penalized a protester for having permitted the procuring agency to rule on a protest filed with the agency. The requester had protested the Air Force's request, by amendment, for a second round of best and final offers. In the face of the requester's protest, the Air Force proceeded with the closing of the second round. Bid protest procedures provide that, when a protest has been filed initially with the contracting agency, any subsequent protest to GAO must be filed within 10 working days of the notice of initial adverse agency action to be considered timely. Further, where a protest concerns an amendment to a request for proposals and the protest is filed with the contracting agency prior to the closing date, the initial adverse action occurs when the agency proceeds with closing as scheduled. The prior decision concluded that, since the initial adverse agency action occurred when the Air Force proceeded with the scheduled closing and the protest was not filed with GAO until June 12, it was untimely and would not be considered on its merits. Accordingly, since the requester presented no evidence warranting modification or reversal of the prior decision, it was affirmed.