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B-202171 1 (1981-05-06)

handle is hein.gao/gaobadjjg0001 and id is 1 raw text is: ! L THE COMPTROLLER GENERAL DECISION oF THE UNITED STATES WVASHINGTON. 0.C. 2054e FILE: B-202171 / cDATE: May 6, 1981 MAT.O:T9i I corpora ed _Reconsideration DIGEST: Fact that protester continued to pursue protest with contracting agency after receipt of initial adverse agency action does not affect 10-day requirement for timeliness of protest filed with our Office. In our decision in TSI Incorporated, B-202171, March 4, 1981, 81-1 CPD 166, we held that the TSI Incorporated (TSI) protest against the award of Naval Research Laboratory (Laboratory) contract No. NO0173- 80-C-0567 was untimely filed with our Office and, consequently, not for our consideration. TSI had received the contracting agency denial of the protest, which it had originally filed with the agency, on January 13. The TSI protest letter to our Office was received on February 17, more than 10 working days after TSI learned of the agency protest denial. TSI requests that we reconsider our decision. TSI states that in the interest of cost savings to the Government, it attempted to reach a solution of its protest by continuing to work, after January 13, through the Laboratory. The possibility of request- ing the opinion of a disinterested third party was discussed, and the Laboratory advised that this pos- sibility would be considered. It was not until February 12 that TSI was advised by the Laboratory that the original evaluation of proposals was con- sidered to have been adequate, that obtaining the opinion of a third party was not considered necessary, and that the original denial of the protest was the contracting officer's final decision. Accordingly, TSI believes that February 12 should be considered the date from which the 10 working days is computed in determining the timeliness of its protest to our Office. 1)5t

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