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B-199445.3 1 (1980-10-14)

handle is hein.gao/gaobadipw0001 and id is 1 raw text is: -~ THE COMPTRLLER GENERIAL DECISION OF TI-E UNITED STATES WASHINGTON. D.C. 20548 FILE: B-199445. 3 DATE: October 14, 1980 MATTER OF: Bird-Johnson Company--Request for Reconsideration DIGEST: Decision dismissing protest as untimely under GAO's Bid Protest Proceduresis affirmed where request for reconsideration provides no evidence that protest was timely filed, or that exception to timeliness rules should be invoked. Bird-Johnson Company requests that we reconsider our decision in Bird-Johnson Company, B-199445, July 18, 1980, 80-2 CPD 49, in which we dismissed as untimely the firm's protest that the propeller specifications in a solicitation for nine Coast Guard cutters unduly prevented the firm from participating in the project as a subcontractor. Bird-Johnson originally had protested the matter to the Coast Guard by letter-of 11ay 14, 1980, but pro- posals under the prime contract were received on June 3 without change in the specifications despite the protest. .The basis for our dismissal of the matter was that the June 3 receipt of proposals constituted initial adverse agency action under section 20.2(a) of our Bid Protest Procedures, 4 C.F.R. part 20 (1980), with respect to Bird-Johnson's protest to the Coast Guard, and since- the protest was not filed in our Office within 10 working days thereafter, it was untimely under that provision. We also noted that the protest to our Office was filed within 10 working days after Bird-Johnson's receipt of a June 19 letter specifically denying the protest to that agency, but we stated that such fact does not alter the protester's responsibility to conform to the filing requirement of section 2.0.2(a). /7

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