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B-201553 1 (1981-03-26)

handle is hein.gao/gaobabjzr0001 and id is 1 raw text is: I 0 THE COMPTROL DECISION O F THE UNI AWASHINGTON. I0 D1T1: FILEr: B-201553 DATE: Ma LER GENERAL EO3 STATES f 2.,. 2548 rch 2 6, 1981 MATTER OF: Lutz Superdyne, Inc. -- Reco sideration DIGEST: Even assuming arguendo that date of publication of solicitation synopsis in Commerce Business Daily should not have been used to determine timeliness of pro- test because notice was allegedly inadequate, protest based on agency's failure to send pro- tester solicitation in timely manner and protester's belief upon receipt of solicitation that it was defective was not timely filed with GAO and is not for consideration on merits where protest was filed more than 10 days after bases of protest were actually known. Lutz Superdyne, Inc. (Lutz), requests that we reconsider our decision in Lutz Superdyne, Inc., B-201553, February 20, 1981, 80-1 CPD . In that decision, we dismissed Lutz' protest as untimely. First, we held that Lutz' protest against the failure to receive a solicitation was untimely under our Bid Protest Procedures because it was filed more than 10 working days after the closing date for receipt of proposals which date had been stated in the notice of procurement in the Commerce Business Daily (CBD). CBD publication constitutes constructive notice of the solicitation closing date. Second, we found that Lutz' argument that the solicitation was defective was untimely since it con- stituted a protest based upon alleged improprieties apparent in the solicitation which had not been filed prior to the closing date for receipt of proposals. Again, publication in the CBD provided constructive notice to all parties of the solicitation and its contents. A C-17 C OZ-0 I

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