[Request for Reconsideration of Dismissed Protest of DLA Oral Solicitation for Electronic Air Cleaners]

B-236936.2: Nov 3, 1989

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A firm requested reconsideration of its dismissed protest of a Defense Logistics Agency oral solicitation for electronic air cleaners. GAO had held that the protester untimely filed its protest. In its request for reconsideration, the protester contended that GAO should consider its protest, since it: (1) was unaware of the timeliness requirements; and (2) timely filed a protest with the Armed Services Board of Contract Appeals in accordance with the contracting officer's instructions. GAO held that: (1) the protester was on constructive notice of the published protest regulations; (2) it would not waive its timeliness standards because of erroneous agency advice; and (3) the protester untimely filed its protest more than 10 working days after initial adverse agency action on its agency-level protest. Accordingly, the dismissal was affirmed.