B-223157.2, NOV 5, 1986, 86-2 CPD 518
Highlights
PROCUREMENT - BID PROTEST - GAO PROCEDURES - PROTEST TIMELINESS - 10 DAY RULE - RECONSIDERATION MOTIONS DIGEST: REQUEST FOR RECONSIDERATION FILED MORE THAN 10 DAYS AFTER THE BASIS FOR RECONSIDERATION WAS KNOWN OR SHOULD HAVE BEEN KNOWN IS UNTIMELY. ITS PROTEST FILED MORE THAN 10 DAYS AFTER BID OPENING THEREFORE WAS UNTIMELY. GATEWAY CONTENDS THAT THE CBD NOTICE DID NOT PROVIDE ADEQUATE NOTICE BECAUSE GATEWAY SUBSEQUENTLY WAS INFORMED THAT THE IFB WOULD BE DELAYED AND THE BID OPENING DATE WOULD BE EXTENDED. OUR BID PROTEST REGULATIONS REQUIRE THAT A REQUEST FOR RECONSIDERATION BE FILED NO LATER THAN 10 DAYS AFTER THE BASIS FOR RECONSIDERATION IS KNOWN OR SHOULD HAVE BEEN KNOWN. WHICHEVER IS EARLIER. 4 C.F.R.
B-223157.2, NOV 5, 1986, 86-2 CPD 518
PROCUREMENT - BID PROTEST - GAO PROCEDURES - PROTEST TIMELINESS - 10 DAY RULE - RECONSIDERATION MOTIONS DIGEST: REQUEST FOR RECONSIDERATION FILED MORE THAN 10 DAYS AFTER THE BASIS FOR RECONSIDERATION WAS KNOWN OR SHOULD HAVE BEEN KNOWN IS UNTIMELY.
GATEWAY CABLE COMPANY-- RECONSIDERATION:
GATEWAY CABLE COMPANY (GATEWAY) REQUESTS RECONSIDERATION OF OUR DECISION, GATEWAY CABLE COMPANY, B-223157 ET AL., SEPT. 22, 1986, 65 COMP.GEN. ***, 86-2 CPD PARA. ***, IN WHICH WE DISMISSED GATEWAY'S PROTEST OF ITS FAILURE TO RECEIVE INVITATION FOR BIDS (IFB) NO. 102PI 86060 ISSUED BY THE DEPARTMENT OF JUSTICE, FEDERAL PRISON INDUSTRIES, INC. IN OUR DECISION, WE STATED THAT A SYNOPSIS OF THE PROCUREMENT IN THE COMMERCE BUSINESS DAILY (CBD) GAVE GATEWAY CONSTRUCTIVE KNOWLEDGE OF THE BID OPENING DATE. SINCE GATEWAY KNEW IT HAD NOT RECEIVED A COPY OF THE IFB BY THAT DATE, ITS PROTEST FILED MORE THAN 10 DAYS AFTER BID OPENING THEREFORE WAS UNTIMELY. IN ITS RECONSIDERATION REQUEST, GATEWAY CONTENDS THAT THE CBD NOTICE DID NOT PROVIDE ADEQUATE NOTICE BECAUSE GATEWAY SUBSEQUENTLY WAS INFORMED THAT THE IFB WOULD BE DELAYED AND THE BID OPENING DATE WOULD BE EXTENDED.
OUR BID PROTEST REGULATIONS REQUIRE THAT A REQUEST FOR RECONSIDERATION BE FILED NO LATER THAN 10 DAYS AFTER THE BASIS FOR RECONSIDERATION IS KNOWN OR SHOULD HAVE BEEN KNOWN, WHICHEVER IS EARLIER. 4 C.F.R. SEC. 21.12(B) (1986). WE ISSUED OUR DECISION ON GATEWAY'S PROTEST ON SEPTEMBER 22, 1986. ALTHOUGH GATEWAY DOES NOT STATE WHEN IT RECEIVED THE DECISION, WE GENERALLY ESTIMATE THAT IT TAKES NO MORE THAN 1 CALENDAR WEEK FOR A PROTESTER TO RECEIVE A DECISION THROUGH THE MAIL. T.S. HEAD & ASSOCS., INC., B-220316, SEPT. 30, 1985, 85-2 CPD PARA. 368. ON THAT BASIS, GATEWAY PRESUMABLY RECEIVED OUR DECISION ON SEPTEMBER 29, 1986, AND ITS REQUEST FOR RECONSIDERATION FILED MORE THAN 3 WEEKS AFTER THAT DATE THEREFORE IS UNTIMELY.