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B-186124 1 (1976-10-22)

handle is hein.gao/gaobadefr0001 and id is 1 raw text is: 






                               4r//, THE! COMPTROLWAW GFINEnAL
0    '      DECISION         *KFuTHa UNITLea rrATO
                                     IV  WABHINGTON, D.C. 20540



            FILE;'  1-186124                   DATE: October   2,  i976

      I.    MATTER OF:      Lemmon Pharmacal Company--Request for ReconsIderation

            DICEBT:


                 Request  for reconsideration of decision is untimely and not
                 for  consideration since filed later than 10 working days
                 after  basis for reconsideratiot was known.


                 By  request filed October 7, 1976, Lemmon Pharmacal Company
            (Lemon)  seeks reconsideration of our decision, Lemmo Pharmacal
            Company, B186124, August 2, 1976, 76-2 CPD 110, which dented its
            protest concerning the Defense Personnel Support Center's prvposed
            award to CIBA Pharmaceutical Czrporation of a requirements caon
            tract for bydralazine hydrochloride tablets.      J,,mo contends that
            the Buy American Act was improperly applied to its bid, and that
            proper application would result in Its protest be±tg sustained.

                 Our  Bid Protest Procedures, specifically 4 C.F.R. g 20.9(b)
            (1976), state that:

                  (b) Request for reconsideration of a decision
                  of the Comptroller General shall be filed not
                  later than 10 yorkinpjdays ufter thQ basis for
                  reconsideration is known or should have been
                  known, whichever is earlier. The term 'filed'
                  as used in this section means receipt in the
                  General Accounting Office,

                  Since the basis for the request for reconsideration was
            known by Lemmon upon its receipt of our August 2, 1976 decision
            and since Lemmon's request for reconsideration was filed more
            than 10 working days after receipt of the decision, the request
            must be dented as untimely.



                                Deputy   Comptroller Gener1
                                         of the United States


                                    -N   -I1-


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