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B-194790 1 (1979-07-11)

handle is hein.gao/gaobadhjt0001 and id is 1 raw text is: THE COMPTROLLER GENERAL DECISION OF THE UNITED STATES ~&~ZWASHINGTON, 0. C. 20548 FILE: B-194790 DATE: July 11, 1979 MATTER OF: Sierra Research Corporation-- Reconsideration DIGEST: / Prior decision is affirmed because pro- tester has not shown that decision dis- missing protest as untimely was based on error of fact or law. Sierra Research Corporation (Sierra) requests re- consideration of our decision in Sierra Research Cor- poration, B-194790, June 6, 1979, 79-1 CPD , regarding alleged defects in Solicitation N66032-78-R-0004, issued by the Department of the Navy, Automatic Data Processing Selection Office (Navy). Our decision concluded that Sierra's protest was untimely because after it filed an initial protest on January 9, 1979 with the Navy, it did not file a subsequent protest with our Office until May 4, more than 10 days after the closing date for receipt of initial proposals. Under our Bid Protest Procedures, when a protest is filed initially with a contracting agency, a subsequent protest to GAO must be filed within 10 days after the protester has actual or constructive knowledge of initial adverse agency action on its protest. 4 C.F.R. S 20.2(a) (1979). As our prior decision noted, expiration of the time for receipt of initial proposals without cor- rective action being taken in response to a protest is sufficient to place a protester on notice that his objections to a solicitation have been rejected. General Leasing Corporation--Reconsideration, B-193527, March 9, 1979, 79-1 CPD 170. Nevertheless, Sierra suggests that it did not have notice of initial adverse agency action prior to April 20. Pointing out that the Navy acknowledged receipt of the January 9 protest by advising Sierra that the suggested revisions are currently being reviewed, Sierra argues that it was entitled to assume that the disputed issues

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