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B-203399.2 1 (1981-07-01)

handle is hein.gao/gaobadjni0001 and id is 1 raw text is: 4 DECISION -.-. '~%. FILE: MATTER OF B-203399.2 DeVille Aluminum Products, Inc. -- reconsideration F1 11e'7/ lee ZO - 1hd\A THE COMPTROLLER GENERAL OF THE UNITED STATES WASHINGTOj. 0. C. 20548 DATE: July 1, 1981 DIGEST: 1. Original decision dismissing protest as untimely is affirmed-where protester offers no factual or legal grounds to warrant reversal. 2. Protest filed several weeks after (1) alleged oral protest to agency regarding allegedly restrictive specifications has been resolved prior to bid opening, or (2) bid opening which would constitute initial adverse agency action on oral protest, or (3) receipt of detailed notice of rejection of bid as nonrespon- sive, is untimely under any GAO Bid Protest Procedure provision and therefore is not for consideration on merits. Deville Aluminum Products, Inc. requests reconsid- eration of our decision B-203399, June 5, 1981, 81-1 CPD , in which we dismissed its protest as untimely filed. We found the protest to be untimely because it was directed at the allegedly restrictive nature of the specifications, but it was not filed until after the bid opening date, contrary to the filing require- ments of our Bid Protest Procedures, 4 C.F.R. § 20.2(b) (1) (1980). We find no basis to disturb our original decision. The original protest was filed in the General Accounting Office (GAO) on May 21, 1981, (i.e., re- ceived in GAO as shown by the GAO time/date stamp); it was dated May 15, 1981. The bid opening date for this particular solicitation was (according to Deville) either March 16 or March 17, 1981.

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