Matter of: C & S Associates-- Reconsideration File: B-252241.2 Date: March 3, 1993
Highlights
A protest is filed when actually received by the General Accounting Office. We dismissed the protest because it was not filed within 10 working days of the date that the protester learned that its agency-level protest had been denied. That its protest to our Office is timely because it was mailed within 10 working days of the date it learned that its agency-level protest was denied. C & S's protest was required to be received by our Office within 10 working days of the date that C & S learned of the denial of its agency-level protest. Its protest was filed in our Office on February 5. C & S's protest is untimely and was properly dismissed.
Matter of: C & S Associates-- Reconsideration File: B-252241.2 Date: March 3, 1993
PROCUREMENT Bid Protests GAO procedures GAO decisions Reconsideration PROCUREMENT Bid Protests GAO procedures Protest timeliness Determination criteria Time/date notations For the purposes of establishing timeliness, a protest is filed when actually received by the General Accounting Office.
Attorneys
DECISION C & S Associates requests reconsideration of our dismissal of its protest of the award of a contract under solicitation No. M67004-92-R- 0140, issued by the U.S. Marine Corps. We dismissed the protest because it was not filed within 10 working days of the date that the protester learned that its agency-level protest had been denied, as required by our Bid Protest Regulations, 4 C.F.R. Sec. 21.2(a)(3) (1992). C & S argues, however, that its protest to our Office is timely because it was mailed within 10 working days of the date it learned that its agency-level protest was denied.
We affirm the dismissal.
Our regulations provide that the term "filed" means receipt of the protest in the General Accounting Office. 4 C.F.R. Sec. 21.0(g). Thus, to be timely, C & S's protest was required to be received by our Office within 10 working days of the date that C & S learned of the denial of its agency-level protest. C & S states that it learned of the denial of its agency-level protest on January 15, 1993; its protest was filed in our Office on February 5, or 14 working days after the date it learned of the agency's adverse action. Accordingly, C & S's protest is untimely and was properly dismissed.