[Request for Reconsideration of Dismissal of Protest Against Navy Procurement]

B-221234.2: Jan 9, 1986

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A firm requested reconsideration of the dismissal of its protest under a Navy procurement. GAO noted that: (1) in its original protest, the protester failed to state in any detail its basis for objecting to the award; (2) the protester stated that additional information in support of its protest would be furnished upon receipt of the information it had requested; and (3) in its request for reconsideration, the protester provided a more detailed discussion of the basis of its protest, contending that the Navy improperly determined that its offer was deficient. GAO found that: (1) bid protest regulations provide for the dismissal of any protest which fails to comply with the requirement that a protest state, in detail, the legal and factual grounds of protest; (2) the protester's reconsideration request, in which it first challenged the Navy's evaluation of its offer, was not filed within 10 working days after the receipt of the award notice and, therefore, was untimely filed; (3) the protester had not received the information requested; and (4) a protest based entirely on materials received pursuant to a Freedom of Information Act request will be considered timely if filed within 10 working days of the protester's receipt of the information. Accordingly, the dismissal was affirmed.