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B-195745 1 (1979-12-06)

handle is hein.gao/gaobadhtx0001 and id is 1 raw text is: 4.o ~ .THE COMPTROLLER GENERAL DECISION . . OF THE UNITED STATES WASHINGTON, O.C. 20548 FILE: B-195745 f DATE: December 6, 1979 MATTER O F: Zenith Controls, Inc.--Reconsideration DIGEST: + 1. Prior decision dismissing protest as untimely is affirmed where, even assuming agency led protester to believe specifications would be changed after bid opening and that it properly relied on that advice, by protester's own admission it failed to file protest within 10 days from time that it knew of its basis for protest when its product was disapproved for not complying with existing specifica- tions. 2. Protest of agency approval of item furnished under prime contract is dismissed because approval is matter of contract administration and is not reviewable under GAO Bid Protest Procedures. Zenith Controls, Inc. (Zenith) requests reconsider- ation of our decision, Zenith Controls, Inc., B-195745, October 22, 1979, 79-2 CPD 277, in which we dismissed as untimely the protest-concerning the alleged restric- tiveness of specifications in an Army prime contract. The protest was based upon an alleged impropriety in *the solicitation which was apparent before bid opening for the prime contract. Because such protest was not filed either with the contracting agency or our Office prior to bid opening but was filed nearly a year after bid opening, we held the protest was untimely and would not be considered. 4 C.F.R. § 20.2(b)(1) (1979). tol?'

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