[Request for Reconsideration of Protest of DLA Solicitation for Fiberscopes]

B-255829.3: May 5, 1994

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A firm requested reconsideration of its dismissed protest of a Defense Logistics Agency (DLA) solicitation for fiberscopes. GAO had held that the protester: (1) was not sufficiently interested to protest DLA rejection of its alternate product, since it would not in line for award even if its protest were sustained; and (2) untimely filed its protest more than 10 days after initial adverse action on its agency-level protest. In its request for reconsideration, the protester contended that: (1) it was sufficiently interested to protest, since GAO dismissed the untimely protest of the bidder who offered the same alternate product at a lower price; and (2) it timely filed its protest, since it did not receive a copy of the bid protest regulations until the day before it filed its protest. GAO held that: (1) its dismissal of the other bidder's protest did not affect its eligibility for award; (2) the protester's lack of knowledge of the bid protest regulations did not excuse it from the timeliness requirements; and (3) the protester failed to present any evidence that warranted modification of the original decision. Accordingly, the original decision was affirmed.

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