B-219455.5, OCT 7, 1985, 65 COMP.GEN. 15
Highlights
CONTRACTS - PROTESTS - GENERAL ACCOUNTING OFFICE PROCEDURES - RECONSIDERATION REQUESTS - TIMELINESS PROTESTER ALLEGES THAT REQUEST FOR RECONSIDERATION WAS UNTIMELY BECAUSE IT RELIED ON THE CAPTION ON THE FIRST PAGE OF A DECISION OF THE COMPTROLLER GENERAL OF THE UNITED STATES AND THE CAPTION PROVIDED AN INSUFFICIENT ADDRESS FOR PROTESTER'S COURIER TO EFFECTUATE DELIVERY. DISMISSAL OF REQUEST FOR RECONSIDERATION IS AFFIRMED BECAUSE PROTESTER DID NOT USE THE ADDRESS PRESCRIBED IN OUR BID PROTEST REGULATIONS 4 C.F.R. 21.1(B). WAS UNTIMELY FILED. NJCT STATES THAT ITS REQUEST FOR RECONSIDERATION WAS UNTIMELY BECAUSE IT USED THE CAPTION. " WHICH IS PRINTED ON THE FIRST PAGE OF OUR DECISIONS. NJCT STATES THAT THE ADDRESS WAS INSUFFICIENT FOR THE PRIVATE MAIL COURIER WHICH NJCT EMPLOYED TO EFFECTUATE DELIVERY.
B-219455.5, OCT 7, 1985, 65 COMP.GEN. 15
CONTRACTS - PROTESTS - GENERAL ACCOUNTING OFFICE PROCEDURES - RECONSIDERATION REQUESTS - TIMELINESS PROTESTER ALLEGES THAT REQUEST FOR RECONSIDERATION WAS UNTIMELY BECAUSE IT RELIED ON THE CAPTION ON THE FIRST PAGE OF A DECISION OF THE COMPTROLLER GENERAL OF THE UNITED STATES AND THE CAPTION PROVIDED AN INSUFFICIENT ADDRESS FOR PROTESTER'S COURIER TO EFFECTUATE DELIVERY. NEVERTHELESS, DISMISSAL OF REQUEST FOR RECONSIDERATION IS AFFIRMED BECAUSE PROTESTER DID NOT USE THE ADDRESS PRESCRIBED IN OUR BID PROTEST REGULATIONS 4 C.F.R. 21.1(B).
MATTER OF: NJCT CORPORATION - REQUEST FOR RECONSIDERATION. OCTOBER 7, 1985:
NJCT CORPORATION (NJCT) REQUESTS RECONSIDERATION OF OUR DECISION IN NJCT CORPORATION-- REQUEST FOR RECONSIDERATION, B-219455.3, AUG. 21, 1985, 85-2 CPD PARA. 206, IN WHICH WE HELD THAT NJCT'S REQUEST FOR RECONSIDERATION OF NJCT CORPORATION, B-219455, JULY 22, 1985, 85-2 CPD PARA. 70, WAS UNTIMELY FILED. WE DENY THE REQUEST FOR RECONSIDERATION.
NJCT STATES THAT ITS REQUEST FOR RECONSIDERATION WAS UNTIMELY BECAUSE IT USED THE CAPTION, "COMPTROLLER GENERAL OF THE UNITED STATES, WASHINGTON, D.C. 20548," WHICH IS PRINTED ON THE FIRST PAGE OF OUR DECISIONS, AS OUR ADDRESS FOR ITS REQUEST FOR RECONSIDERATION. NJCT STATES THAT THE ADDRESS WAS INSUFFICIENT FOR THE PRIVATE MAIL COURIER WHICH NJCT EMPLOYED TO EFFECTUATE DELIVERY. ACCORDINGLY, NJCT HAD TO SEND ITS REQUEST FOR RECONSIDERATION AGAIN AND THAT WAS UNTIMELY FILED. THE ADDRESS NJCT USED THE SECOND TIME WAS "OFFICE OF GEN ACCT, US GEN ACCT OFFICE, ROOM 1029, 441 G STREET, N.W., WASHINGTON, D.C. 20548." NJCT STATES THAT ITS RECONSIDERATION REQUEST SHOULD BE CONSIDERED SINCE IT RELIED ON THE ABOVE- QUOTED CAPTION TO ADDRESS ITS REQUEST FOR RECONSIDERATION.
OUR BID PROTEST REGULATIONS, 4 C.F.R. SEC. 21.1(B) (1985), STATE THAT PROTESTS MUST BE ADDRESSED AS FOLLOWS: "GENERAL COUNSEL, GENERAL ACCOUNTING OFFICE, WASHINGTON, D.C. 20548, ATTENTION: PROCUREMENT LAW CONTROL GROUP." THIS ADDRESS IS SPECIFIED IN OUR REGULATIONS IN ORDER TO ASSURE PROTESTERS THAT MAIL WILL BE CORRECTLY RECEIVED AND ROUTED TO THE OFFICE WITHIN THE GENERAL ACCOUNTING OFFICE WHICH IS RESPONSIBLE FOR HANDLING THESE MATTERS. GARY'S DISPOSAL, INC.. B-207864, JULY 23, 1982, 82-2 CPD PARA. 72. IT IS OUR EXPERIENCE THAT PROTESTS SO ADDRESSED ARE PROPERLY DELIVERED.
NJCT DID NOT USE THE ADDRESS SPECIFIED IN OUR REGULATIONS. WE HAVE FOUND THAT PROTESTS WHICH ARE NOT ADDRESSED TO THE ADDRESS CONTAINED IN OUR REGULATIONS AND NOT RECEIVED WITHIN THE PRESCRIBED 10 WORKING DAYS ARE UNTIMELY. GARY'S DISPOSAL, INC., B-207864, SUPRA. MARYLAND T CORPORATION, B-192247, JULY 19, 1978, 78-2 CPD PARA. 52. THIS RULE ALSO APPLIES TO REQUESTS ROR RECONSIDERATION 4 C.F.R. SEC. 21.12(B).
THE PRIOR DECISION IS AFFIRMED.