[Request for Reconsideration of Dismissal of Untimely Protest]

B-222602.3: Aug 5, 1986

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A firm requested reconsideration of the dismissal of its protest under a Navy solicitation as untimely. GAO dismissed the protest because the Navy's denial of the protester's initial protest constituted notice of a proposed award, such that the protester should have filed its protest with GAO within 10 days. In its request for reconsideration, the protester contended that the denial was inconsistent with: (1) a GAO employee's statement; (2) prior GAO precedent; and (3) GAO statutory responsibility. GAO held that: (1) its employee's opinions did not constitute official action; (2) the cases the protester cited involved situations clearly distinguishable from the instant protest; (3) GAO timeliness rules were necessary to ensure prompt and equitable resolutions of protests; and (4) the protester failed to show that the prior decision contained legal or factual errors that would warrant its reversal or modification. Accordingly, the original decision was affirmed.

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