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B-202978.2 1 (1981-06-15)

handle is hein.gao/gaobadjlj0001 and id is 1 raw text is: 


                            Cc        THE COMPTROLLER GENERAL
              DECISION                 OF THE UNITED       STATES
                                    .,' ASH i NGTON, 0 C. 20548



              FILE:    B-202978.2           DATE: June 15, 1981

              MATTER OF:    Beelner & Thomas - Reconsideration


              DIGEST:


                   Prior decision finding protest
                   untimely is affirmed upon
                   reconsideration where protester
                   presents no new facts or evidence
                   to alter prior holding and issue
                   raised in protest has been decided
                   in past by GAO and therefore is
J                  not significant to procurement
                   practices under 4 C.F.R. § 20.2(c)
                   (1980).

                   Beelner & Thomas (B&T) has requested reconsider-
               ation of our decision in the matter of Beelner &
               Thomas, B-202978, May 4, 1981, in which we found B&T's
               protest to be untimely filed under our Bid Protest
               Procedures (4 C.F.R. part 20 (1980)).

                   B&T objected to a solicitation being i~sued on
               a brand name or equal basis and filed a protest with
               the Deputy Commissioner of the Federal Supply Service
               (FSS) on March 24, 1981. The closing date for receipt
               of initial proposals was March 30, 1981. On April 15,
               1981, B&T received a letter from the Acting Director
               of the National Furniture Center, FSS, the procuring
               activity, advising that B&T's protest letter was not
               received at the Center until after the closing date
               and that the procurement was proceeding. B&T pro-
               tested to our Office on April 20, 1981.

                   In our prior decision we held, assuming the
              protest at the agency level was timely filed prior
              to the closing date, the subsequent protest here
              was untimely filed under our Bid Protest Procedures.
              Section 20.2(a) of the Procedures requires protests
              be filed with our Office within 10 working days of



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