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B-211302.2 1 (1983-07-21)

handle is hein.gao/gaobadlfl0001 and id is 1 raw text is: 1tjI Lr 0~ LO2L-. .. - 1-L 3_2 2 DATE: July 21, 1983 MATTR OF: 1cGrail Equipment Company, Inc.-- R'cons ideration 131 E.E2T : Protest is dismissed for failure to file either (1) comments on the procuring agency's report on the protest or (2) a statement that the protester desires a deci- sion on the basis of the existing record since neiLher a request for a conference filed with the initial protest nor an oral request for a conference made prior to receipt of the agency report excuses the requirement that a protester actively indi- cate within the 10-day period following receipt of the agency report a continued interest in the protest. 4 C.F.R. § 21.3(d). McGrail Equipment Company, Inc. (M.crail), requests recon:ideration of our decisior. to close our file on McGrail's protest for failure to submit, within 10 working days after receiving the agency report on its protest, either comments on the report or a statement that the protester desired a decision on the basis of the existing record. McGrail contends that the fact that it had requested a conference in its original protest letter and the fact that it again orally requested a con- ference prior to receipt of the agency report operated to put our Office on notice of ?Ic'rail's .-iotinued interest in the protest. From this premise, it is argued that we are, in effect, estopped to close our file despite McGrail's failure to respond as required by 4 C.F.R. § 21.3(d) (1983), as amended by 48 Fed. Reg. 1931 (1983), which reads: Conmxents on the agency report, or a statement that the protester does not intend to file coiLnents but desires a decision on the basis of the existing rec.:,rd, shtll be

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