Request for Reconsideration

An individual requested reconsideration of a decision which dismissed as untimely her contentions that the Department of Agriculture unjustifiably canceled an invitation for bids (IFB) for campground maintenance services and also improperly included a bid abstract from the canceled IFB in the resolicitation bid package. In addition, GAO denied a portion of the protest alleging that bidders who had submitted late or nonresponsive bids under the canceled IFB should not have been permitted to compete on the resolicitation. In her reconsideration request, the protester directed attention to bid protest procedures which provide for consideration of untimely protests where "good cause" is shown. Seeking to invoke this exception, the protester explained that she discussed the matter with the contracting officer on a number of occasions after she learned of the cancellation, and that she would have immediately protested to GAO had she been aware of the timeliness requirements. "Good cause" varies with the circumstances of each protest, but it generally refers to some compelling reason, beyond the protester's control, which prevented the protester from filing a timely protest. The protester's unfamiliarity with bid protest procedures does constitute such a cause. An opposite conclusion would effectively nullify the timeliness standards by permitting the submission of late protests based on a protester's mere affirmation that it was unaware of the procedures. Such a result would be undesirable since these time limits were originally imposed to assure that Government procurements would not be encumbered by untimely protests. In addition, it was of no consequence that the protester discussed the matter of the cancellation with the contracting officer. The protester submitted no evidence of a mistake of fact or law with regard to the denial of her third protest basis. Accordingly, the prior decision was affirmed.