B-192335, MARCH 29, 1979
Highlights
RECONSIDERATION REQUEST FILED MORE THAN 10 WORKING DAYS AFTER BASIS FOR RECONSIDERATION WAS KNOW OR SHOULD HAVE BEEN KNOWN IS UNTIMELY UNDER 4 C.F.R. 20.9(B) (1978) AND WILL NOT BE CONSIDERED. 2. WILL NOT BE CONSIDERED. S.A.F.E.'S RECONSIDERATION REQUEST WAS FILED ON SEPTEMBER 22. SHOULD HAVE RECEIVED THE AUGUST 18. SECTION 20.9(B) OF OUR BID PROTEST PROCEDURES PROVIDES THAT RECONSIDERATION REQUESTS MUST BE FILED NOT LATER THAN 10 WORKING DAYS AFTER THE BASIS FOR RECONSIDERATION IS KNOWN OR SHOULD BE KNOWN. WHICHEVER IS EARLIER. 4 C.F.R. 20.9(B) (1978). S.A.F.E.'S BASIS FOR RECONSIDERATION WAS KNOWN OR SHOULD HAVE BEEN KNOWN UPON RECEIPT OF THE AUGUST 18. SINCE S.A.F.E.'S RECONSIDERATION REQUEST WAS FILED MORE THAN 10 WORKING DAYS AFTER THE BASIS FOR RECONSIDERATION WAS KNOWN OR SHOULD HAVE BEEN KNOWN.
B-192335, MARCH 29, 1979
DIGEST: 1. RECONSIDERATION REQUEST FILED MORE THAN 10 WORKING DAYS AFTER BASIS FOR RECONSIDERATION WAS KNOW OR SHOULD HAVE BEEN KNOWN IS UNTIMELY UNDER 4 C.F.R. 20.9(B) (1978) AND WILL NOT BE CONSIDERED. 2. CLAIM FOR PROPOSAL PREPARATION COSTS-- FIRST MADE IN CONNECTION WITH UNTIMELY REQUEST FOR RECONSIDERATION-- WILL NOT BE CONSIDERED.
S.A.F.E. EXPORT CORPORATION-- RECONSIDERATION:
S.A.F.E. EXPORT CORPORATION (S.A.F.E.) REQUESTS RECONSIDERATION OF OUR DECISION IN THE MATTER OF S.A.F.E. EXPORT CORPORATION, B-192335, AUGUST 18, 1978, 78-2 CPD 130, WHICH DISMISSED S.A.F.E.'S UNTIMELY PROTEST CONCERNING THE DEPARTMENT OF STATE'S CONTRACT NO. 8670-800674. S.A.F.E.'S RECONSIDERATION REQUEST WAS FILED ON SEPTEMBER 22, 1978-- MORE THAN 10 WORKING DAYS AFTER S.A.F.E. SHOULD HAVE RECEIVED THE AUGUST 18, 1978, DECISION.
SECTION 20.9(B) OF OUR BID PROTEST PROCEDURES PROVIDES THAT RECONSIDERATION REQUESTS MUST BE FILED NOT LATER THAN 10 WORKING DAYS AFTER THE BASIS FOR RECONSIDERATION IS KNOWN OR SHOULD BE KNOWN, WHICHEVER IS EARLIER. 4 C.F.R. 20.9(B) (1978). S.A.F.E.'S BASIS FOR RECONSIDERATION WAS KNOWN OR SHOULD HAVE BEEN KNOWN UPON RECEIPT OF THE AUGUST 18, 1978, DECISION. SINCE S.A.F.E.'S RECONSIDERATION REQUEST WAS FILED MORE THAN 10 WORKING DAYS AFTER THE BASIS FOR RECONSIDERATION WAS KNOWN OR SHOULD HAVE BEEN KNOWN, IT IS UNTIMELY AND WILL NOT BE CONSIDERED. DEPARTMENT OF COMMERCE INTERNATIONAL COMPUTAPRINT CORPORATION; 57 COMP.GEN. 615 (1978), 78-2 CPD 84.
IN ADDITION, S.A.F.E.'S LETTER RECEIVED HERE ON SEPTEMBER 22, 1978, REQUESTS ADVICE ON ITS POSSIBLE ENTITLEMENT TO COMPENSATION FROM THE DEPARTMENT OF STATE IN CONNECTION WITH THIS MATTER. S.A.F.E. MUST BE REFERRING TO A CLAIM FOR PROPOSAL PREPARATION COSTS; HOWEVER, OUR OFFICE WILL NOT CONSIDER A CLAIM FOR PROPOSAL PREPARATION COSTS BASED ON ISSUES RAISED IN AN UNTIMELY PROTEST. SEE, E.G., MIL-AIR, INC., B-191424, JULY 20, 1978, 78-2 CPD 55.
ACCORDINGLY, S.A.F.E.'S RECONSIDERATION REQUEST AND CLAIM ARE DISMISSED.