[Request for Reconsideration of Dismissal of Protest Against Alleged Deficiencies in Navy Solicitation]

B-225602.2: Apr 24, 1987

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A firm requested reconsideration of the dismissal of its untimely protest against a Navy solicitation for calibrators. GAO had held that the protester failed to protest before bid opening. In its request for reconsideration, the protester contended that: (1) it timely protested to the Navy and subsequently protested to GAO after the Navy denied its protest; and (2) the solicitation did not adequately define the required equipment. Upon reconsideration, GAO held that: (1) the protester timely protested within 10 days after the Navy denied its agency-level protest; (2) the solicitation was defective because it did not adequately specify a critical design element; and (3) the Navy should cancel the solicitation, resolicit, and award the protester its protest preparation costs upon submission of a valid claim. Accordingly, the original decision was reversed, and the protest was sustained.

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