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B-203579.2 1 (1981-10-19)

handle is hein.gao/gaobadjvb0001 and id is 1 raw text is: - -a - oI I I LJ~ IT~9 FILE: B-203579.2 T CMPTROLLER GENERAL OF THE UNITEO 1TATES WASHINGTON,.0..C. 20548 DATE: October 19. 1981 MATTER OF: Mark A. Carroll & Son, Inc.-- Reconsideration' DIGEST: Prior decision dismissing protest as untimely is affirmed since it is not shown to have been based on error of law or fact. Mark A. Carroll & Son, Inc. (Carroll), requests reconsideration of our decision in Mark A. Carroll & Son, Inc., B-203579, June 29, 1981, 81-1 CPD 538, which dismissed its protest against the cancellation and resolicitation of project RNH 79518 as untimely. We dismissed Carroll's protest as untimely because it was filed after the bid opening on the resolicitation. In the request for reconsideration, Carroll admits The cancellation was in accord with both the procurement regulations and the various rulings of the Comptroller General. Thus, Carroll's request for reconsideration apparently is directed against the resolicitation. Carroll contends the protest is timely because the changes in the resolicitation required no change in cost and it was not apparent until after the opening of bids on the resolicitation that the low bidder was using Carroll's bid on the original solicitation as a target price to beat. However, Carroll had to know prior to bidding that the changes in the specifications did not require any change in price since it bid the same price on the resolicitation as it bid on the original solicitation. Further, as the original solicitation was an invitation for bids with a public opening of bids, Carroll would have had to know that the original bid results were a matter of public information. Therefore, the time to protest the resolicitation was prior to the opening of bids in the resolicitation. I'I ylgc

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