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B-205610.3 1 (1982-07-19)

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CECIBION


THE COMPTROLLER GENERAL
OF THE UNITEDUTArmU
WABH IN LITON, 0.C. 205468


B-205610.3


DATE;


July 19, 1982


MATTER OF:


London Fog Company--Second. Reconsideration


DIGEST:


Request for reconsideration
not fMel within 10 working
receipt of decision denying
for reconsideration.  4 C.F.
(1982).


is untimely where
days after
first request
R. S 21.9(b)


     London Fog Company requests reconsideration of
our decisions in London Fog Company, B-205610,
May 4, 1982, 82-1 CPD 418, and London Fog Compal)--
Reconsideration, B-205610,2, June 8, 1982,82-1 CPD      .
In our May 4, 1982, decision, we denied London Fog's
protest and held that London Fog had not carried its
burden of proving that the Defense Construction Supply
Center had overstated its minimum needs and that invi-
tation for bids No. DLA700-82-B-0313, for the supply
of Insecticidal fog generators, was unduly restrictive
of competition. In our June 8, 1982, decision, we
denied London Fog Company's request for reconsideration
because London Fog Company had not shown that the May 4
decision was based on errors of fact or law.

     London Fog Company received our June 8 decision
on June 11 and filed its present request for reconsid-
eration on July 8.  Under section 21.9(b) of our Bid
Protest Procedures (4 C.F.R. part 21 (1982)), a request
for reconsideration is required to be filed not later
than 10 days-after the basis for reconsideration is
known or should have been known, whichever is earlier.
In this case, London Fog Company should have known its
basis for reconsideration upon receipt of our June 8
decision. Therefore, since thul request for reconsidew.-
ation was not filed within the required 10-day period,
it in untimely and will not be considered further.'

     The request for reconsideration is dismissed.


Comptroller General
of the United States


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