Request for Reconsideration

A firm requested reconsideration of a prior decision which dismissed its protest as being untimely. However, the request for reconsideration was not received within 10 working days of notice of the prior decision. This notice constituted adverse agency action, and the company should have filed its protest within the required timeframe. Since it did not uphold this obligation, the firm's request was also untimely and not for consideration on its merits. The firm further contended that the GAO timeliness requirements deprived it of due process. The resolution of bid protests by GAO is an administrative procedure distinct from the conduct of litigation in the courts. Due process is satisfied by GAO Bid Protest Procedures which give reasonable notice and opportunity to be heard both to the protester and all interested parties. Accordingly, the request for reconsideration was dismissed.