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B-207279.2 1 (1982-06-16)

handle is hein.gao/gaobadkkh0001 and id is 1 raw text is: IS THU CQMPTflrLLUER 00CNBRAL ? - DECISION *OF THE UNITED STATEN WAS H IN GTON, 30. Q •26Q54 5 FILE: B-207279.2 DATE: June 16, 1982 MATT2-I OF: Roert E. Robocker--Request for Reconsideration DIGEST: The mere fact that an agency may be will'ng to further consider a protest it first rejects does not toll the running of the period for filing a protest with GAO, and our prior decision--holding that a protest was untimely since filed more than 10 days aftex the pro- tester learned of the initial adverse agency action--is affirmed. Dr. Robert E, Robocker requests reconsideration of our decision in Robert E. Robocker, B-207279, Hay 10, 1982, 82-1 CPD , where we dismissed as untimely a protest of awa-rd under solicitation No. GS-09B-09212, issued by the General Services Administration (GSA) for leased office space. We found the protest untimely because it was not filed in our Office within 10 working days after Dr. Robocker learned that his initial protest to the contracting officer had been denied as required by our bid protest procedures. Dr. Robocker, instead of protesting here, asked GSA to reconsider its decision, and f}.led a protest in our Office only after GSA denied the protest for a second time. Dr. Robocker contends that timeliness should have been measured from notive of this second denial rather than the initial denial since GSA offered to reconsider its initial decision. We do not agree. We find nothing in the record which constitutes an offer on GSA's part to reconsider its initial denial of Dr. Robocker's protest. Even assuming, however, that GSA did make such an offer, this fact alone does not warrant reversal of our May 10 decision. The timeliness proviiions of our procedures are strictly construed, J.J. Broderick coMlrn~ , B-204506, November 23, 1981, 81-2 CPUD 419, and the mere fact that an agency may be willing to further consider a protest it first rejects

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