Reconsideration of a Decision Dismissed as Untimely

A firm requested a reconsideration of a decision which dismissed its protest as untimely. In June 1978 the firm protested the issuance of a request for proposals for automated data processing equipment (ADPE) by the General Services Administration (GSA). GAO held that the protest was against a patent solicitation defect and should have been filed with GAO or GSA prior to the closing date for initial proposals. According to the protester, the initial adverse action was in a November 1978 letter from GSA refusing to accept the protester's offer to supply data processing equipment under its current contract. GAO disagreed, contending that the June 1978 letter from the protester did not indicate that the firm considered the agency's actions to be in violation of procurement laws, but was merely a concern on the part of the protester because GSA was departing from a standard course of business dealings. Even if the letter was considered a protest, the firm's protest was still untimely. The initial adverse agency action was the receipt and consideration of proposals in August 1978 despite concerns expressed in the protester's letter of June 1978. Since the protester did not file a protest until December 1978, over 3 months later, the protest was untimely and the prior decision was affirmed.