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B-211252.2 1 (1983-06-28)

handle is hein.gao/gaobadldy0001 and id is 1 raw text is: _-\ THE COMPTROLLER OENERAL oEciION .( OF THE UNITMO STATES WASHINGTON, D. C. 20548 FILE: B-211252.2 DATE: June 28, 1983 MATTER OF: Air Tech Industries -- Reconsideration DIGEST: 1. Request for reconsideration that does not challenge facts or law upon which initial decision was based, but raises new issues based on facts available to protester at the time of original protest, is considered new protest, and GAO will dismiss it for failure to independently meet timeliness require- ments. 2. GAO will dismiss request for reconsideration when protester alleges it filed oral and written protests with contracting agency before closing date for receipt of initial proposals, but agency has no record of protests and protester has not submitted additional information concerning them within 5 days after GAO's request for such information. Air Tech Industries requambsreconsideration of our decision in Air Tech Industries, R-.IZ52,- April 12, 19.2, 83-1 CPD 389, in which we dismissed as untimely a protest alleging that the specifications in solicitation No. N00189-83-R-3078, issued by the U.S. Naval Supply Center, Norfolk, Virginia, were ambiguous. As its basis for reconsideration, Air Tech alleges the Navy failed to provide copies of the solicitation so that it could be reviewd before the pre-proposal conference. Additionally, Air h contends it did protest to the Navy by telephone and tRex before March 7, 1983, closing date for receipt of initial proposals, so that its March 9 protest to our Office should be considered timely. We dismiss the request for reconsideration. Wh4Ti1e Air Tech's al1egation with regard to the Navy's failure to provide ad;vance copies of the solicitation is new, it also is uncim..!y, since this issue was not raised until its April 21, 1983, request for reconsideration.

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