B-195945.6, B-198276.3, NOV 3, 1981
Highlights
DIGEST: GAO WILL NOT WAIVE THE REQUIREMENT OF 4 C.F.R. SEC. 21.9 (1981) THAT REQUESTS FOR RECONSIDERATION BE FILED WITHIN 10 WORKING DAYS AFTER THE BASIS FOR RECONSIDERATION WAS KNOWN OR SHOULD HAVE BEEN KNOWN. REQUESTS THAT WE WAIVE OUR REQUIREMENT THAT RECONSIDERATION REQUESTS BE FILED HERE NOT LATER THAN 10 WORKING DAYS AFTER THE BASIS FOR RECONSIDERATION IS OR SHOULD HAVE BEEN KNOWN (4 C.F.R. NOTING THAT USFS WAS ESSENTIALLY RAISING THE SAME ARGUMENTS PRESENTED AND CONSIDERED ON THE MERITS IN AN EARLIER DECISION DATED JULY 15. USFS'S WAIVER REQUEST IS BASED ON SEVERAL REASONS INCLUDING (1) THE COMPLEXITY OF THE PROTEST. (3) THE UNAVAILABILITY OF THE USFS'S PRESIDENT/TREASURER WHO WAS ON VACATION FROM MID-JULY TO AUGUST 17.
B-195945.6, B-198276.3, NOV 3, 1981
DIGEST: GAO WILL NOT WAIVE THE REQUIREMENT OF 4 C.F.R. SEC. 21.9 (1981) THAT REQUESTS FOR RECONSIDERATION BE FILED WITHIN 10 WORKING DAYS AFTER THE BASIS FOR RECONSIDERATION WAS KNOWN OR SHOULD HAVE BEEN KNOWN.
U. S. FINANCIAL SERVICES, INC. - RECONSIDERATION:
U. S. FINANCIAL SERVICES, INC. (USFS), REQUESTS THAT WE WAIVE OUR REQUIREMENT THAT RECONSIDERATION REQUESTS BE FILED HERE NOT LATER THAN 10 WORKING DAYS AFTER THE BASIS FOR RECONSIDERATION IS OR SHOULD HAVE BEEN KNOWN (4 C.F.R. SEC. 21.9 (1981)). OUR DECISION IN THE MATTER OF U. S. FINANCIAL SERVICES, INC. - RECONSIDERATION, B-195945.5, B-198276.2, SEPTEMBER 25, 1981, 81-2 CPD 249, DISMISSED USFS'S UNTIMELY RECONSIDERATION REQUEST, NOTING THAT USFS WAS ESSENTIALLY RAISING THE SAME ARGUMENTS PRESENTED AND CONSIDERED ON THE MERITS IN AN EARLIER DECISION DATED JULY 15, 1981.
USFS'S WAIVER REQUEST IS BASED ON SEVERAL REASONS INCLUDING (1) THE COMPLEXITY OF THE PROTEST, (2) CONFLICTS IN TIME LIMITS BETWEEN THIS PROTEST AND OTHER USFS PROTESTS REQUIRING THE EFFORT OF USFS'S PRESIDENT ON THE OTHER PROTESTS, AND (3) THE UNAVAILABILITY OF THE USFS'S PRESIDENT/TREASURER WHO WAS ON VACATION FROM MID-JULY TO AUGUST 17, 1981.
PROTESTS AGAINST THE AWARD OF A GOVERNMENT CONTRACT ARE VERY SERIOUS MATTERS, WHICH DESERVE THE IMMEDIATE AND TIMELY ATTENTION OF THE PROTESTER, INTERESTED PARTIES, AND THE CONTRACTING AGENCY. OUR BID PROTEST PROCEDURES ESTABLISH AN ORDERLY PROCESS TO INSURE EQUITABLE AND PROMPT RESOLUTION OF PROTESTS. THEREFORE, TIMELINESS STANDARDS FOR THE FILING OF PROTESTS AND REQUESTS FOR RECONSIDERATION MUST BE AND ARE STRICTLY CONSTRUED BY OUR OFFICE. SEE, E.G., CESSNA AIRCRAFT COMPANY, 54 COMP.GEN. 97, 111 (1974), 74-2 CPD 91; DEPARTMENT OF COMMERCE - REQUEST FOR RECONSIDERATION, B-186939, JULY 14, 1977, 77-2 CPD 23; AMERICAN AIR FILTER CO. - DLA, REQUEST FOR RECONSIDERATION, 57 COMP.GEN. 567 (1978), 78-1 CPD 443. TIMELINESS STANDARDS FOR THE FILING OF REQUESTS FOR RECONSIDERATION ARE PURPOSEFULLY MORE INFLEXIBLE THAN THOSE FOR FILING PROTESTS OR MEETING INTERMEDIATE CASE DEVELOPMENT OR PROCESSING DEADLINES AND, UNDER OUR PROCEDURES, THERE IS NO PROVISION FOR WAIVING THE TIME REQUIREMENTS APPLICABLE TO REQUESTS FOR RECONSIDERATION. DEPARTMENT OF COMMERCE - REQUEST FOR RECONSIDERATION, SUPRA; AMERICAN AIR FILTER CO. - DLA, REQUEST FOR RECONSIDERATION, SUPRA. MOREOVER, WE ARE UNAWARE OF ANY PRIOR CASE SINCE THE ADOPTION OF OUR PROCEDURES WHERE THE TIME LIMIT APPLICABLE TO RECONSIDERATION REQUESTS HAS BEEN WAIVED. ID. DEPARTMENT OF COMMERCE; INTERNATIONAL COMPUTAPRINT CORPORATION, 57 COMP.GEN. 615 (1978), 78-2 CPD 84; SPACE AGE SURVEYORS - REQUEST FOR RECONSIDERATION, B-198952.2, OCTOBER 5, 1981, 81-2 CPD .
ACCORDINGLY, WE WILL NOT WAIVE THE REQUIREMENTS FOR FILING A TIMELY RECONSIDERATION REQUEST AND USFS'S REQUEST IS DISMISSED.