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B-197209 1 (1980-10-06)

handle is hein.gao/gaobadipi0001 and id is 1 raw text is: -~~i - AJC< THE COMPTROLLER GENERAL DECISION OF THE UNITED STATES WASHINGTON. 0.C. 20548 FILE: B-197209 DATE: October 6, 1980 MATTER OF: McCaleb Associates, Inc.--Reconsideration OIGEST: 7 Prior decision dismissing protest against procurement without preference for Indian-owned business in violation of Buy Indian Act, 25 U.S.C. § 47 (1976), as untimely is affirmed. Alleged absence of agency regulations implementing act does not constitute supervening circum- stance which would constitute good cause and excuse protester's delay, following adverse agency action on timely protests to procuring agency, in filing subsequent protest with GAO. McCaleb Associates, Inc., requests reconsideration of our decision in McCaleb Associates, Inc., B-197209, September 2, 1980, 80-2 CPD I , dismissing as untimely its protest that the Department of the Interior, Bureau of Indian Affairs' solicitation and award of a contract for engineering services without preference for Indian- owned businesses was in violation of the Buy Indian Act, 25 U.S.C. § 47 (1976). We also declined to consider the firm's claim for proposal preparation costs which would have recuired consideration of the same issues we found untimely protested. McCaleb concedes that the protest is untimely but contends that the Bureau of Indian Affairs has not adopted regulations implementing the act; the absence of regulation confused and complicated the firm's response to the procurement and was the real cause of the untimely filing of the protest. We do not, however, believe that the circumstances warrant invoking the good cause exception to our timeliness standards under which an otherwise untimely protest may be considered on the merits. 4 C.F.R. § 20.2(c) (1980). .11 v

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