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PROCUREMENT - Bid Protests - GAO procedures - Protest tiemliness - 10 day rule - Adverse agency actions DIGEST: A protest to the General Accounting Office that was not filed within 10 days after protester should have known of initial adverse agency action on agency-level protest is untimely. Signal's initial protest to the contracting officer was denied by letter dated January 3. Signal's protest to our Office was not filed until February 6. Therefore is untimely.

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B-238507, Feb 15, 1990, 90-1 CPD ***

PROCUREMENT - Bid Protests - GAO procedures - Protest tiemliness - 10 day rule - Adverse agency actions DIGEST: A protest to the General Accounting Office that was not filed within 10 days after protester should have known of initial adverse agency action on agency-level protest is untimely.

Signal Corporation:

Signal Corporation protests the Environmental Protection Agency's award of a contract to Versar, Inc., under request for proposals No. D900184N1, for graphics services.

We dismiss the protest as untimely.

Our Bid Protest Regulations require that where a protest has been filed initially with the contracting agency, any subsequent protest to the General Accounting Office must be filed within 10 working days of actual or constructive knowledge of initial adverse agency action on the agency- level protest. 4 C.F.R. Sec. 21.2(a)(3) (1989). Signal's initial protest to the contracting officer was denied by letter dated January 3, 1990. the absence of evidence to the contrary, we assume Signal received the denial of its agency-level protest by January 10 (1 calendar week after mailing); Signal's protest to our Office was not filed until February 6, 18 working days later, and therefore is untimely. TLC Moving, Inc.-- Reconsideration, B-234850.2, Apr. 11, 1989, 89-1 CPD Para. 372.

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