B-208964.4, APR 1, 1983

B-208964.4: Apr 1, 1983

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IS UNTIMELY. WAS IMPROPER BECAUSE SUCH WAS NOT MADE THE SUBJECT OF A BINDING WORK REQUIREMENT. OUR RECOMMENDATION WAS NOT TO RESOLICIT SO LONG AS ACME'S BID WAS OTHERWISE PROPER UNLESS THE NATIONAL LABOR RELATIONS BOARD CONTEMPLATES THAT THE CONTRACTOR. ACME STATES THAT WE FAILED TO ADDRESS THE QUESTION OF WHETHER ITS PRICE TO THE PUBLIC WAS REASONABLE. ACME'S REQUEST FOR RECONSIDERATION IS UNTIMELY. REQUIRE THAT REQUESTS FOR RECONSIDERATION BE FILED WITHIN 10 WORKING DAYS AFTER THE BASIS FOR RECONSIDERATION IS KNOWN OR SHOULD HAVE BEEN KNOWN. ACME'S REQUEST WAS FILED WITH OUR OFFICE ON MARCH 22. OUR OFFICE WAS ADVISED THAT. SINCE ACME'S REQUEST FOR RECONSIDERATION WAS NOT FILED WITHIN THE 10-DAY PERIOD PROVIDED IN OUR BID PROTEST PROCEDURES.

B-208964.4, APR 1, 1983

DIGEST: REQUEST FOR RECONSIDERATION OF PROTEST DECISION FILED MORE THAN 10 WORKING DAYS AFTER PROTESTER RECEIVED OUR DECISION, WITH WHICH IT DISAGREES, IS UNTIMELY.

ACME REPORTING COMPANY, INC. - RECONSIDERATION:

ACME REPORTING COMPANY, INC. (ACME), DISAGREES WITH OUR DECISION, NATIONAL LABOR RELATIONS BOARD - REQUEST FOR ADVANCE DEVISION; ACME REPORTING COMPANY, INC., B-208964, B-208964.2, MARCH 1, 1983, 83-1 CPD , AND REQUESTS OUR RECONSIDERATION.

IN OUR DECISION WE HELD THAT THE REJECTION OF ACME'S BID, BASED ON PRICE UNREASONABLENESS FOR COPIES OF TRANSCRIPTS TO THE PUBLIC, WAS IMPROPER BECAUSE SUCH WAS NOT MADE THE SUBJECT OF A BINDING WORK REQUIREMENT. OUR RECOMMENDATION WAS NOT TO RESOLICIT SO LONG AS ACME'S BID WAS OTHERWISE PROPER UNLESS THE NATIONAL LABOR RELATIONS BOARD CONTEMPLATES THAT THE CONTRACTOR, RATHER THAN ITSELF, SHOULD PROVIDE COPIES OF THE TRANSCRIPTS TO THE PUBLIC. IN ITS REQUEST FOR RECONSIDERATION, ACME STATES THAT WE FAILED TO ADDRESS THE QUESTION OF WHETHER ITS PRICE TO THE PUBLIC WAS REASONABLE.

ACME'S REQUEST FOR RECONSIDERATION IS UNTIMELY.

OUR BID PROTEST PROCEDURES, 4 C.F.R. SEC. 21.9(B) (1982), REQUIRE THAT REQUESTS FOR RECONSIDERATION BE FILED WITHIN 10 WORKING DAYS AFTER THE BASIS FOR RECONSIDERATION IS KNOWN OR SHOULD HAVE BEEN KNOWN. THE 10-DAY PERIOD FOR RECONSIDERATION BEGINS TO RUN WITH THE RECEIPT OF OUR DECISION. TENAVISION, INC. - RECONSIDERATION, B-207505.2, AUGUST 17, 1982, 82-2 CPD 137.

ACME'S REQUEST WAS FILED WITH OUR OFFICE ON MARCH 22, 1983. OUR OFFICE WAS ADVISED THAT, AT THE LATEST, ACME'S COUNSEL HAD RECEIVED A COPY OUR DECISION ON MARCH 4, 1983. THEREFORE, SINCE ACME'S REQUEST FOR RECONSIDERATION WAS NOT FILED WITHIN THE 10-DAY PERIOD PROVIDED IN OUR BID PROTEST PROCEDURES, IT IS DISMISSED.

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