[Request for Reconsideration of Protest of Marine Corps Contract Award]

A firm requested reconsideration of its protest against the award of a contract to any other firm under a Marine Corps solicitation. GAO had dismissed the protest as untimely because it was not filed within 10 working days following initial adverse action on a protest filed with the Marine Corps. The protester claimed that its protest was timely because: (1) the letter the Marine Corps sent advising the protester that its proposal was technically insufficient did not constitute adverse agency action; and (2) it continued to pursue the matter with the Marine Corps and never received a denial of its protest. GAO held that: (1) adverse agency action is any action or inaction which is prejudicial to the position taken in a protest filed with an agency; (2) the determination that the protester's proposal was technically insufficient was prejudicial; and (3) the protester's continued pursuit of its protest with the Marine Corps did not affect the untimely filing of its protest with GAO. Accordingly, the dismissal of the original protest was affirmed.