B-206349.2, APR 26, 1982
Highlights
FILED WITH GAO MORE THAN 10 WORKING DAYS AFTER THE DECISION WAS ISSUED AND. IS DISMISSED AS UNTIMELY. RECONSIDERATION REQUEST WAS FILED (RECEIVED) WITH OUR OFFICE ON APRIL 13. OUR BID PROTEST PROCEDURES REQUIRE THAT REQUESTS FOR RECONSIDERATION BE FILED WITH OUR OFFICE WITHIN 10 WORKING DAYS AFTER THE BASIS FOR RECONSIDERATION IS OR SHOULD HAVE BEEN KNOWN. 4 C.F.R. ALTHOUGH THE RECORD DOES NOT INDICATE WHEN CMI RECEIVED OUR MARCH 8 DECISION FROM WHICH IT SHOULD HAVE KNOWN THE BASIS FOR RECONSIDERATION. WE HAVE HELD THAT IT IS REASONABLE TO ASSUME THAT A PROTESTER WILL RECEIVE OUR DECISION WITHIN A WEEK AFTER ITS ISSUANCE. BECAUSE CMI'S REQUEST WAS FILED WITH OUR OFFICE MORE THAN 4 CALENDAR WEEKS (25 WORKING DAYS) AFTER THE DECISION WAS ISSUED.
B-206349.2, APR 26, 1982
DIGEST: REQUEST FOR RECONSIDERATION OF PRIOR DECISION DISMISSING THE PROTEST, FILED WITH GAO MORE THAN 10 WORKING DAYS AFTER THE DECISION WAS ISSUED AND, PRESUMABLY, RECEIVED BY THE PROTESTER, IS DISMISSED AS UNTIMELY.
CMI CORPORATION - REQUEST FOR RECONSIDERATION:
CMI CORPORATION (CMI) REQUESTS RECONSIDERATION OF OUR DECISION IN CMI CORPORATION, B-206349, MARCH 8, 1982, 82-1 CPD , DISMISSING ITS PROTEST AGAINST THE AWARD OF A PURCHASE ORDER FOR AUTOMATIC DATA PROCESSING EQUIPMENT TO INTERNATIONAL BUSINESS MACHINES CORPORATION BY THE NATIONAL AERONAUTICS AND SPACE ADMINISTRATION. CMI'S APRIL 6, 1982, RECONSIDERATION REQUEST WAS FILED (RECEIVED) WITH OUR OFFICE ON APRIL 13, 1982.
WE FIND CMI'S REQUEST TO BE UNTIMELY.
OUR BID PROTEST PROCEDURES REQUIRE THAT REQUESTS FOR RECONSIDERATION BE FILED WITH OUR OFFICE WITHIN 10 WORKING DAYS AFTER THE BASIS FOR RECONSIDERATION IS OR SHOULD HAVE BEEN KNOWN. 4 C.F.R. SEC. 21.9(B) (1981). ALTHOUGH THE RECORD DOES NOT INDICATE WHEN CMI RECEIVED OUR MARCH 8 DECISION FROM WHICH IT SHOULD HAVE KNOWN THE BASIS FOR RECONSIDERATION, WE HAVE HELD THAT IT IS REASONABLE TO ASSUME THAT A PROTESTER WILL RECEIVE OUR DECISION WITHIN A WEEK AFTER ITS ISSUANCE. U. S. FINANCIAL SERVICES, INC. - RECONSIDERATION, B-195945.5, B-198276.2, SEPTEMBER 25, 1981, 81-2 CPD 249, AFF'D, B-195945.6, B-198276.3, NOVEMBER 3, 1981, 81-2 CPD 376 (DISMISSING REQUEST TO WAIVE TIMELY RECONSIDERATION REQUEST REQUIREMENT).
BECAUSE CMI'S REQUEST WAS FILED WITH OUR OFFICE MORE THAN 4 CALENDAR WEEKS (25 WORKING DAYS) AFTER THE DECISION WAS ISSUED, IT IS CLEARLY UNTIMELY AND WE DECLINE TO RECONSIDER ITS PROTEST. COONROD AND WALZ CORPORATION, B-204887.2, NOVEMBER 23, 1981, 81-2 CPD 421.
WE DISMISS THE REQUEST FOR RECONSIDERATION.