B-186124, OCTOBER 22, 1976
Highlights
REQUEST FOR RECONSIDERATION OF DECISION IS UNTIMELY AND NOT FOR CONSIDERATION SINCE FILED LATER THAN 10 WORKING DAYS AFTER BASIS FOR RECONSIDERATION WAS KNOWN. LEMMON CONTENDS THAT THE BUY AMERICAN ACT WAS IMPROPERLY APPLIED TO ITS BID. STATE THAT: "(B) REQUEST FOR RECONSIDERATION OF A DECISION OF THE COMPTROLLER GENERAL SHALL BE FILED NOT LATER THAN 10 WORKING DAYS AFTER THE BASIS FOR RECONSIDERATION IS KNOWN OR SHOULD HAVE BEEN KNOWN. WHICHEVER IS EARLIER. SINCE THE BASIS FOR THE REQUEST FOR RECONSIDERATION WAS KNOWN BY LEMMON UPON ITS RECEIPT OF OUR AUGUST 2. 1976 DECISION AND SINCE LEMMON'S REQUEST FOR RECONSIDERATION WAS FILED MORE THAN 10 WORKING DAYS AFTER RECEIPT OF THE DECISION.
B-186124, OCTOBER 22, 1976
REQUEST FOR RECONSIDERATION OF DECISION IS UNTIMELY AND NOT FOR CONSIDERATION SINCE FILED LATER THAN 10 WORKING DAYS AFTER BASIS FOR RECONSIDERATION WAS KNOWN.
LEMMON PHARMACAL COMPANY-- REQUEST FOR RECONSIDERATION:
BY REQUEST FILED OCTOBER 7, 1976, LEMMON PHARMACAL COMPANY (LEMMON) SEEKS RECONSIDERATION OF OUR DECISION, LEMMON PHARMACAL COMPANY, B-186124, AUGUST 2, 1976, 76-2 CPD 110, WHICH DENIED ITS PROTEST CONCERNING THE DEFENSE PERSONNEL SUPPORT CENTER'S PROPOSED AWARD TO CIBA PHARMACEUTICAL CORPORATION OF A REQUIREMENTS CONTRACT FOR HYDRALAZINE HYDROCHLORIDE TABLETS. LEMMON CONTENDS THAT THE BUY AMERICAN ACT WAS IMPROPERLY APPLIED TO ITS BID, AND THAT PROPER APPLICATION WOULD RESULT IN ITS PROTEST BEING SUSTAINED.
OUR BID PROTEST PROCEDURES, SPECIFICALLY 4 C.F.R. 20.9(B)(1976), STATE THAT:
"(B) REQUEST FOR RECONSIDERATION OF A DECISION OF THE COMPTROLLER GENERAL SHALL BE FILED NOT LATER THAN 10 WORKING DAYS AFTER THE BASIS FOR RECONSIDERATION IS KNOWN OR SHOULD HAVE BEEN KNOWN, WHICHEVER IS EARLIER. THE TERM 'FILED' AS USED IN THIS SECTION MEANS RECEIPT IN THE GENERAL ACCOUNTING OFFICE."
SINCE THE BASIS FOR THE REQUEST FOR RECONSIDERATION WAS KNOWN BY LEMMON UPON ITS RECEIPT OF OUR AUGUST 2, 1976 DECISION AND SINCE LEMMON'S REQUEST FOR RECONSIDERATION WAS FILED MORE THAN 10 WORKING DAYS AFTER RECEIPT OF THE DECISION, THE REQUEST MUST BE DENIED AS UNTIMELY.