B-218730.5, JAN 23, 1986, 86-1 CPD 73

B-218730.5: Jan 23, 1986

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CONTRACTS - PROTESTS - GENERAL ACCOUNTING OFFICE PROCEDURES - RECONSIDERATION REQUESTS - TIMELINESS DIGEST: REQUEST FOR RECONSIDERATION IS UNTIMELY WHERE IT IS NOT FILED WITHIN 10 WORKING DAYS AFTER THE PROTESTER KNEW OR SHOULD HAVE KNOWN THE BASIS FOR RECONSIDERATION. OUR BID PROTEST REGULATIONS PROVIDE THAT A REQUEST FOR RECONSIDERATION MUST BE RECEIVED BY THIS OFFICE NOT LATER THAN 10 WORKING DAYS AFTER THE BASIS FOR RECONSIDERATION IS OR SHOULD HAVE BEEN KNOWN. 4 C.F.R. SINCE THE BASIS FOR THIS REQUEST IS AIR'S DISSATISFACTION WITH OUR NOVEMBER 20. THE REQUEST SHOULD HAVE BEEN FILED WITHIN 10 WORKING DAYS OF AIR'S RECEIPT OF OUR DECISION. WE CONSIDER IT REASONABLE TO ASSUME THAT IT WAS RECEIVED WITHIN 1 CALENDAR WEEK OF ITS ISSUANCE.

B-218730.5, JAN 23, 1986, 86-1 CPD 73

CONTRACTS - PROTESTS - GENERAL ACCOUNTING OFFICE PROCEDURES - RECONSIDERATION REQUESTS - TIMELINESS DIGEST: REQUEST FOR RECONSIDERATION IS UNTIMELY WHERE IT IS NOT FILED WITHIN 10 WORKING DAYS AFTER THE PROTESTER KNEW OR SHOULD HAVE KNOWN THE BASIS FOR RECONSIDERATION.

AIR INC.-- REQUEST FOR RECONSIDERATION:

AIR INC. AGAIN REQUESTS RECONSIDERATION OF OUR DECISION DENYING ITS PROTEST WITH REGARD TO INVITATION FOR BIDS (IFB) NO. FEP-BA-F0283-A ISSUED BY THE GENERAL SERVICES ADMINISTRATION.

WE DISMISS THIS REQUEST FOR RECONSIDERATION AS UNTIMELY.

OUR BID PROTEST REGULATIONS PROVIDE THAT A REQUEST FOR RECONSIDERATION MUST BE RECEIVED BY THIS OFFICE NOT LATER THAN 10 WORKING DAYS AFTER THE BASIS FOR RECONSIDERATION IS OR SHOULD HAVE BEEN KNOWN. 4 C.F.R. SEC. 21.12(B) (1985). SINCE THE BASIS FOR THIS REQUEST IS AIR'S DISSATISFACTION WITH OUR NOVEMBER 20, 1985, DECISION (AIR INC.-- RECONSIDERATION, B-218730.4, 85-2 CPD PARA. 568) DENYING ITS EARLIER REQUEST FOR RECONSIDERATION, THE REQUEST SHOULD HAVE BEEN FILED WITHIN 10 WORKING DAYS OF AIR'S RECEIPT OF OUR DECISION. WHILE WE DO NOT KNOW WHEN AIR ACTUALLY RECEIVED OUR NOVEMBER 20, 1985, DECISION, WE CONSIDER IT REASONABLE TO ASSUME THAT IT WAS RECEIVED WITHIN 1 CALENDAR WEEK OF ITS ISSUANCE, OR BY NOVEMBER 27. MARKER MODELL ASSOCIATES-- REQUEST FOR RECONSIDERATION, B-215049.2, JULY 26, 1984, 84-2 CPD PARA. 117. THUS, WE CONSIDER THIS REQUEST FOR RECONSIDERATION, FILED IN OUR OFFICE ON DECEMBER 13, 1985, 11 WORKING DAYS AFTER THAT DATE, UNTIMELY AND IT WILL NOT BE CONSIDERED ON THE MERITS.

THE REQUEST FOR RECONSIDERATION IS DISMISSED.

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