[Request for Reconsideration of Dismissed Protest of Army Contract Award]

B-237062.2: Nov 21, 1989

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A firm requested reconsideration of its dismissed protest of an Army contract award. GAO had held that the protester untimely filed after bid opening its protest against alleged solicitation improprieties. In its request for reconsideration, the protester contended that: (1) GAO should consider its protest, since the contracting officer advised it to delay filing its protest until after award; and (2) the solicitation should not have been a small business set-aside, since the awardee was the only small business bidder and its price was unreasonably high. GAO held that: (1) it would not waive its timeliness rules, since the protester was on constructive notice of procurement and protest regulations; and (2) the Army properly determined that the awardee's price was reasonable. Accordingly, the dismissal was affirmed.