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B-270696.2 1 (1996-02-13)

handle is hein.gao/gaocrptaeah0001 and id is 1 raw text is: ' ITV' 801212 Comptroller General of the United States Washington, D.C. 20548 Decision Matter of: Consolidated Management Services, Inc.--Reconsideration File: B-270696.2; B-270696.3 Date: February 13, 1996 J. William Bennett, Esq., for the protester. Behn Miller, Esq., and Christine S. Melody, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST 1. Prior decision dismissing protest as untimely is affirmed where protest as filed was untimely on its face; fact that on reconsideration protester asserts that it provided incorrect factual information to counsel, inadvertently indicating that protest was untimely, and that protest in fact was timely filed based on actual timing of events, provides no basis for reconsideration of dismissal. 2. Protest challenging rejection of bid is untimely when filed more than 14 calendar days after the protester was informed orally by contracting officer of adverse agency action; protester may not wait for written confirmation of oral advice to file protest. DECISION Consolidated Management Services, Inc. (CMS) requests reconsideration of our December 15, 1995 dismissal of its protest against the rejection of its bid under invitation for bids (IFB) No. DAKF61-95-B-0078, issued by the Department of the Army for meals, lodging, and transportation. We dismissed the protest as untimely because it was filed more than 14 days after the protester knew, or should have known, the basis for protest. CMS contends that its protest should be reinstated since it made a mistake in its original protest filing, inadvertently misleading us to conclude that its protest was untimely. Alternatively, CMS has filed a second protest challenging the rejection of its bid which CMS contends is timely, as it was filed within 14 days of its receiving formal written notification from the contracting officer that its bid had been rejected. We affirm our prior dismissal. Our Bid Protest Regulations contain strict rules requiring timely submission of protests. Under these rules, protests not based on alleged improprieties in a solicitation--such as CMS' contention that the Army improperly rejected its bid--must be filed no later than 14 calendar days after the protester knew, or should have

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