B-203233.2, MAR 8, 1982
Highlights
DIGEST: REQUEST FOR RECONSIDERATION OF PROTEST DECISION FILED MORE THAN 10 WORKING DAYS AFTER IT APPEARS PARTY LEARNED OF GROUNDS FOR REQUESTING RECONSIDERATION IS UNTIMELY. PART 21 (1981)) PROVIDES THAT A REQUEST FOR RECONSIDERATION OF A DECISION OF OURS MUST BE FILED WITH OUR OFFICE WITHIN 10 WORKING DAYS AFTER THE BASIS FOR RECONSIDERATION IS KNOWN OR SHOULD HAVE BEEN KNOWN. ALTHOUGH THERE IS NO INDICATION WHEN TRANSAMERICA RECEIVED THE DECISION. WE HAVE HELD THAT IT IS "REASONABLE TO ASSUME THAT A PROTESTER WILL HAVE RECEIVED THE DECISION NOT LATER THAN 1 CALENDAR WEEK AFTER ITS ISSUANCE. IT APPEARS THAT THE RECONSIDERATION REQUEST WAS NOT FILED WITHIN THE 10-DAY PERIOD PROVIDED.
B-203233.2, MAR 8, 1982
DIGEST: REQUEST FOR RECONSIDERATION OF PROTEST DECISION FILED MORE THAN 10 WORKING DAYS AFTER IT APPEARS PARTY LEARNED OF GROUNDS FOR REQUESTING RECONSIDERATION IS UNTIMELY.
WILLIAMS & LANE, INC. - RECONSIDERATION:
BY LETTER RECEIVED IN OUR OFFICE ON FEBRUARY 12, 1982, TRANSAMERICA DELAVAL INC. (TRANSAMERICA) HAS REQUESTED THAT WE RECONSIDER OUR DECISION IN WILLIAMS & LANE, INC., B-203233, JANUARY 8, 1982, 82-1 CPD . OUR DECISION SUSTAINED THE PROTEST OF WILLIAMS & LANE AGAINST A NAVY CONTRACT AWARDED TO TRANSAMERICA FOR DIESEL ENGINE GENERATOR SETS AND RELATED EQUIPMENT UNDER INVITATION FOR BIDS (IFB) NO. N62922-81-B 3566.
SECTION 21.9(B) OF OUR BID PROTEST PROCEDURES (4 C.F.R. PART 21 (1981)) PROVIDES THAT A REQUEST FOR RECONSIDERATION OF A DECISION OF OURS MUST BE FILED WITH OUR OFFICE WITHIN 10 WORKING DAYS AFTER THE BASIS FOR RECONSIDERATION IS KNOWN OR SHOULD HAVE BEEN KNOWN. IN THIS CASE TRANSAMERICA KNEW OF THE BASES OF ITS REQUEST FOR RECONSIDERATION INVOLVING ISSUES RELATING TO OUR DECISION'S INTERPRETATION OF WILLIAMS & LANE'S BID AND THE IFB'S DIESEL FUEL COST CLAUSES - UPON ITS RECEIPT OF OUR DECISION. ALTHOUGH THERE IS NO INDICATION WHEN TRANSAMERICA RECEIVED THE DECISION, WE HAVE HELD THAT IT IS "REASONABLE TO ASSUME THAT A PROTESTER WILL HAVE RECEIVED THE DECISION NOT LATER THAN 1 CALENDAR WEEK AFTER ITS ISSUANCE," OR, AS IN TRANSAMERICA'S CASE, JANUARY 15, 1982. SEE ROSA PEN CO., INC. - RECONSIDERATION, B-198803.3, JANUARY 22, 1981, 81-1 CPD 34. THEREFORE, IT APPEARS THAT THE RECONSIDERATION REQUEST WAS NOT FILED WITHIN THE 10-DAY PERIOD PROVIDED.
CONSEQUENTLY, WE DISMISS THE REQUEST.