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B-209753.2 1 (1983-01-10)

handle is hein.gao/gaobadkuv0001 and id is 1 raw text is: THE COMPTROLLER OENERAL DECISION . . OF THE UNITEO STATES WASHINGTON. 0. C. 2054B FILE: B-209753.2 DATE: January 10, 1983 MATTER OF: Polaroid Corporation -- Reconsideration DIGEST: Procedural requirements of Administrative Procedure Act do not apply to interpreta- tion of timeliness rules of GAO Bid Pro- test Procedures, announced in published decision bf Comptroller General, since (1) GAO, as legislative branch agency, is not subject to the Act, (2) the Act does not apply to public contract matters, and (3) Act in any event does not apply to inter- pretations, as opposed to substantive changes, of published rules. Polaroid Corporation requests that we reconsider our decision Polaroid Corporation, B-209753, December 1, 1982, 82-2 CPD , in which we dismissed as untimely Polaroid's protest o a small business set-aside. Polaroid contends that the dismissal is contrary to the provisions of our Bid Protest Procedures and violates the Administrative Procedure Act. We affirm the prior decision. Polaroid originally protested the set-aside decision (in connection with an item included in solicitation No. GSA-3YC-N-020, issued by the General Services Administra- tion) to the contracting officer, who denied the protest. One month later, on the date set for receipt of proposals, Polaroid filed its protest here. We viewed the protest here as untimely because it was not filed within 10 days of Polaroid's learning of the contracting officer's denial of the protest, as required by section 21.2(a) of our Pro- cedures (4 C.F.R. § 21.2(a) (1982)). In so doing, we noted that while our Procedures were susceptible to the interpretation that a protest based on an alleged solicitation deficiency would be timely if filed with this Office prior to the time set for receipt of proposals, regardless of whether there had been an earlier denial of a protest lodged with the agency, a contrary interpretation had been adopted in Informatics, Inc., 58 Comp. Gen. 750 (1979), 79-2 CPD 159, affId BzT-4322, December 3, 1979, 79-2 CPD 387.

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