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MAY CONSIDER ANY PROTEST WHICH IS NOT FILED TIMELY. IN THIS REGARD WE HAVE STATED THAT "GOOD CAUSE GENERALLY REFERS TO SOME COMPELLING REASON. WE CAN FIND NO COMPELLING REASON WHICH WOULD HAVE PREVENTED YOU FROM FILING YOUR PROTEST ON TIME. WE ARE NOT INCLINED TO VIEW A PROTEST CHALLENGING THE RESPONSIBILITY OF A PARTICULAR BIDDER AS COMING WITHIN THIS PROVISION.". SINCE YOU ARE PROTESTING THE REJECTION OF YOUR BID BECAUSE OF NONRESPONSIBILITY. IS AFFIRMED.

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B-178652, JUL 9, 1973

AFFIRMING DECISION DISMISSING PROTEST AS UNTIMELY UNDER INTERIM BID PROTEST PROCEDURES AND STANDARDS, 4 CFR 20. NO COMPELLING REASON FOUND UNDER 4 CFR 20.2 (B) PREVENTING BIDDER FROM FILING A PROTEST IN TIMELY FASHION.

TO VENTILATION CLEANING ENGINEERS, INCORPORATED:

THIS REFERS TO YOUR LETTER OF JUNE 12, 1973, WITH ENCLOSURE, AND PRIOR CORRESPONDENCE, WHEREBY YOU REQUEST RECONSIDERATION OF OUR DECISION, B- 178652, MAY 30, 1973. IN THAT DECISION WE DISMISSED YOUR PROTEST OF MAY 10, 1973 (RECEIVED IN THIS OFFICE ON MAY 15, 1973) AS UNTIMELY UNDER OUR INTERIM BID PROTEST PROCEDURES AND STANDARDS, 4 CFR 20. YOU NOW REQUEST THAT WE RECONSIDER OUR DISMISSAL OF YOUR PROTEST IN LIGHT OF THE PROVISIONS OF 4 CFR 20.2(B).

4 CFR 20.2(B) PROVIDES THAT:

THE COMPTROLLER GENERAL, FOR GOOD CAUSE SHOWN, OR WHERE HE DETERMINES THAT A PROTEST RAISES ISSUES SIGNIFICANT TO PROCUREMENT PRACTICES OR PROCEDURES, MAY CONSIDER ANY PROTEST WHICH IS NOT FILED TIMELY.

IN THIS REGARD WE HAVE STATED THAT "GOOD CAUSE GENERALLY REFERS TO SOME COMPELLING REASON, BEYOND THE PROTESTOR'S CONTROL, WHICH HAS PREVENTED HIM FROM FILING A TIMELY PROTEST." 52 COMP. GEN. 20, 23 (1972). WE CAN FIND NO COMPELLING REASON WHICH WOULD HAVE PREVENTED YOU FROM FILING YOUR PROTEST ON TIME. ALSO, IN 52 COMP. GEN. 20, SUPRA, AT 23, WE STATED THAT "'ISSUES SIGNIFICANT TO PROCUREMENT PRACTICES OR PROCEDURES' REFERS NOT TO THE SUM OF MONEY INVOLVED, BUT TO THE PRESENCE OF A PRINCIPLE OF WIDESPREAD INTEREST. WE ARE NOT INCLINED TO VIEW A PROTEST CHALLENGING THE RESPONSIBILITY OF A PARTICULAR BIDDER AS COMING WITHIN THIS PROVISION." SINCE YOU ARE PROTESTING THE REJECTION OF YOUR BID BECAUSE OF NONRESPONSIBILITY, WE DO NOT THINK THAT YOUR PROTEST FITS WITHIN THIS EXCEPTION TO THE TIMELINESS RULE.

ACCORDINGLY, OUR DECISION OF MAY 30, 1973, IS AFFIRMED.

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