Request for Reconsideration Alleging Factual Misunderstanding

A firm requested reconsideration of a decision which dismissed as untimely its protest against a Defense Logistics Agency (DLA) contract award. The initial protest was made to DLA prior to the contract award. However, upon notification of an award, the firm failed to make a protest to GAO within 10 days, thus discounting as untimely the firm's eventual protest. In its request, the firm asserted that, because its protest to DLA had not yet been answered, GAO could not dismiss the protest as untimely. However, bid protest procedures state that, when a protest is filed initially with the contracting agency, a subsequent protest to GAO must be filed within 10 days of actual or constructive notice to the protester of an adverse action. The procedures state that an award made by the contracting agency, even if it has not specifically addressed a protest, is tantamount to constructive notice. The firm's request for reconsideration did not provide evidence of an error in the previous decision; accordingly, it was denied.