[Request for Reconsideration]

B-210168.2: Jul 6, 1983

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Ralph O. White
(202) 512-8278

Kenneth E. Patton
(202) 512-8205


Office of Public Affairs
(202) 512-4800

A firm requested reconsideration of an earlier decision which dismissed in part and denied in part its protest of the award of a contract by the Defense Nuclear Agency. In its initial protest, the protester argued that the awardee's bid was nonresponsive because it did not meet various salient characteristics set forth in the brand name or equal invitation for bids; GAO dismissed this portion of the protest as untimely. The protester contended that this protest should have been considered timely, because it did not have access to the specifications of the awardee's product in time to file its protest within the 10 days specified by bid protest procedures. GAO found that: (1) the protest regarding the awardee's alleged nonresponsiveness was untimely, because it was not filed until approximately 2 months after the basis for the protest should have been apparent to the protester; and (2) the protester failed to show any error of fact or law in the prior decision. Accordingly, the prior decision was affirmed.

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