[Request for Reconsideration]

B-208167.2: Jan 10, 1983

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A firm requested reconsideration of a decision which dismissed as untimely its protest against the Department of Agriculture's (USDA) award of a contract. In the initial decision, the protester objected to the evaluation of its proposal and so stated in a letter to the USDA. The agency's response affirmed its decision to accept another offer and, in effect, denied the firm's protest. The firm subsequently protested the matter to GAO; however, its protest was dismissed as untimely. In its request for reconsideration, the protester asserted that the date GAO should have used to toll the timeliness of its protest was the date of the agency's response to a subsequent attempt to resolve the issue. GAO stated that the protester failed to demonstrate that the prior decision was based on information not previously considered or an erroneous interpretation of fact or law. Therefore, the prior decision was affirmed.