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B-201389.2 1 (1981-05-11)

handle is hein.gao/gaobadjjp0001 and id is 1 raw text is: ; r THE COMPTROLLER GENERAL OECISION. OF THE UNITED STATES WASHINGTON, 0. C. 20548 £4/Z ' ne e. ~ ~ c 'd FILE: B-201389.2 DATE: may 11, 1981 MATTER OF: Fowler's Refrigeration and Appliance, Inc.--Reconsideration DIGEST: 1. Protest timely filed with contracting agency and subsequently filed with this Office within 10 days of formal noti- fication of or actual or constructive knowledge of initial adverse agency action will be considered timely. 2. Protest that revised solicitation should be canceled because percen- tage by which low bid price ex- ceeded Government estimate is greater than percentage by which low bid price exceeded Govern- ment estimate in canceled initial solicitation is denied because basis for cancellation was re- vised scope of work and cost esti- mate, not price unreasonableness, and low price under resolicitation has been determined reasonable. Fowler's Refrigeration and Appliance, Inc. (Fowler), requests reconsideration of one issue in our decision in Fowler's Refrigeration and Appliance, Inc., B-201389, March 25, 1981, 81-1 CPD 223. Fowler protested the cancellation of invitation for bids (IFB) No. N62470-80-B-2925 and the proposed award by the Navy under a revised IFB. Fowler contends that we incor- rectly determined untimely its protest of the Navy's failure to cancel the second solicitation because the low bid was excessive compared to the Government esti- ate. We found the issue untimely because the pro- test was not filed with GAO within a reasonable time after the opening of bids. We based our decision in this regard on the fact that bids were opened on October 7, 1980, under the revised IFB, but that this protest was not filed until 21//76'

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