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B-201446.2 1 (1981-07-10)

handle is hein.gao/gaobadjnv0001 and id is 1 raw text is: -751 T.HE COMPTROLLER GENERAL DECISION OF THE UNITED STATES WASHINGTON, 0. C. 20548 UN ITED FILE: B-201446.2 DATE: July 10, 1981 MATTER OF: Public Law Education Institute-- Reconsideration DIGEST: Prior decision, dismissing protest against solicitation's late proposal provision as untimely, is affirmed where sentence in decision dis- puted by protester is shown to sup- port conclusion of untimeliness rather than reach merits of original protest, as protester contends. Public Law Education Institute (PLEI) requests reconsideration of our decision in the matter of Public Law Education Institute, B-201446, June 4, 1981, 81-1 CPD , wherein we dismissed as untimely PLEI's protest against the solicitation's late pro- posal provision because the protest had not been filed prior to the closing date for the receipt of initial proposals as required by our Bid Protest Procedures. The basis of PLEI's request involves the first sentence of the decision's third paragraph which read as follows: Late proposal provisions incorporated by reference into a solicitation are binding and offerors are charged with constructive knowledge of their contents. Rally Racks, Division of Rally Enterprises, Inc.-- Reconsideration, B-200159.2, October 30, 1980, 80-2 CPD 330. * * * Although PLEI does not dispute our conclusion that its protest was untimely, it argues that the sentence goes to the merits of its protest and, therefore, should not have been included in the decision. In other words, PLEI's original protest

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