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B-197859 1 (1980-10-08)

handle is hein.gao/gaobadipu0001 and id is 1 raw text is: 
B-197859


DATE:  October 8, 1980


U.S. Financial Services, Inc.--
equest  for Reconsideratio


     Fact that protester met with contracting
     agency for clarification of reason for
     rejecting its proposal conveyed by agency
     less than 10 working days earlier, does not
     excuse firm's failure to file protest within
     10 working days after receipt of initial
     advice as to reason for rejection.

     U.S. Financial Services, Inc. (USFS) requests that
we reconsider our decision in U.S. Financial Services,
Inc., B-197859, September 4, 1980, 80-2 CPD   , in which
we dismissed as untimely the firm's protest against an
allegedly unwarranted restriction in a solicitation
issued by the U.S. Marine Corps to upgrade certain disk
controllers and drives. The protested restriction
required benchmarking to establish compatibility with
the Marine Corps' computer system. USFS, which felt
that the requirement was unnecessary and thus imposed
on the firm an undue financial burden, refused to
conduct the benchmark.

     The record showed that USFS was told during a
debriefing following the award of the contract to
another offeror that USFS' proposal had been rejected
because the firm had failed to perform the benchmark.
The protest to our Office was dismissed as untimely
because it was not filed within 10 working days
thereafter as required by section 20.2(b)(2) of our
Bid Protest Procedures, 4 C.F.R. part 20 (1980). While
we noted that USFS met again with the Marine Corps
before the 10 day period elapsed, we pointed out that
the firm stated at a conference held by our Office
that the purpose of that meeting, which USFS requested,
was to seek clarification and not to protest to the


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                        THE  COMPTROLLER GENERAL
DECISION                 OF  THE   UNITED STATES
                         WASHINGTON. D.C. 20548

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