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B-206753.2 1 (1982-10-29)

handle is hein.gao/gaobadkrr0001 and id is 1 raw text is: 

                     ROLE                        GENER4{'CE#At6'.'J
                     ~w~Z ~THE COMPTROLLER
    DECISION                 O F THE UNITEO STATES
                             WASHINGTON. 0. C. 20548




    FILE: B-206753.2              DATE:October 29, 1982

    MATTER CF:     Owl Technical Associates, Inc.--
                   Reconsideration

    DIGEST:



    Prior decision dismissing protest as untimely
    is affirmed. Protest will not be considered
    under good cause exception to timeliness
    rules where protester has not shown that it
    was prevented from timely filing its protest
    by reasons beyond its control.

    Owl Technical Associates, Inc. (Owl), requests
reconsideration of our decision, Owl Technical
Associates, Inc., B-206753, April 5, 1982, 82-1 CPD
312, which dismissed as untimely Owl's protest under
solicitation No. S0123002, issued by the Department of
the Interior (Interior).

     Owl's initial protest alleged that Interior
improperly reopened the procurement to other offerors
after Owl had been determined to have submitted the
lowest cost, technically acceptable best and final
offer. We held that Owl's protest alleged an
impropriety in the solicitation specifications which
was apparent prior to the March 5, 1982, closing date
for the receipt of proposals, but was untimely filed
in our Office thereafter on March 17, 1982. Owl now
contends that there were special circumstances which
prevented it from timely filing its protest, which
presumably warrant our consideration of the protest
under 4 C.F.R. § 21.2(c) (1982), the good cause
exception for consideration of untimely protests under
our Bid Protest Procedures.

     Owl asserts that while it was advised by the
contracting officer on February 25, 1982, of the
reopening of the procurement, it was told that the
next closing date was Friday, without being given a
specific date. Owl also asserts that the contracting
officer had previously indicated that if Owl were

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