[Request for Reconsideration of Dismissed Protest of FAA Rejection of Bid as Late]

B-234936.2: May 1, 1989

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A firm requested reconsideration of its dismissed protest against the Federal Aviation Administration's rejection of its late bid for remodelling. GAO had held that the: (1) protester untimely protested more than 10 working days after it became aware of the basis for protest; and (2) alleged delay in the protester's receiving protest instructions did not excuse the untimely protest, since all protesters were charged with constructive knowledge of bid protest regulations. In its request for reconsideration, the protester contended for the first time that it timely filed an agency-level protest. GAO held that it would not reconsider the protest, since the protester did not mention the agency-level protest in its initial GAO protest, and did not provide evidence that its agency-level protest was timely. Accordingly, the request for reconsideration was denied.

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