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B-210168.2 1 (1983-07-06)

handle is hein.gao/gaobadlef0001 and id is 1 raw text is: ~\THE COMPTRIOLLER GENtiRAL bECISION T( . OF THE UNIT3O STATES ~. /WA5SHINGT N. 0.0C. 20548 .0j FILE: B-210168.2 DATE: July 6$ 1983 MATTER OF: Transiac Corporation--Reconsideration DIGEST: Prior decision dismissing portion of protest as untimely is affirmed on reconsideration because protester has not shown that decision was based on errors of fact or law.- Transiac Corporation (Transiac) has requested- reconsideration of our decision dismissing in part and denying in part its protest of award of a contract to LeCroy Research Systems Corporation (LeCroy) by the Defense Nuclear Agency pursuant to invitation for bi4s No. DNA002-83-B-0007. Transiac Corporation, B-210116, May 23, 1983, 83-1 CPD 554. Transiac argues that we should have considerei its argument that LeCroy's bid was nonresponsive because its product did not meet various salient characteristics requirements set forth in the brand name or equal invitation. We dismissed this portion-- of Transiac's protest as untimely because it concerned the responsiveness of LeCroy's bid, but was not filed in our Office within 10 working days after Transiac should have known this basis for protest as requisd- under our Bid Protest Procedures. 4 C.F.R. § 21.2(b)(2) (1983). Transiac argues that it was impossible for it to have filed this issue of its protest within the 10-day time limit because it did not have access to the specifications of the LeCroy product within the 10-day tim. limit. 2.' do not agree. The record upon which we based our , zli.r decision shows that a public bid opening was held on November 15, 1982, and that Transiac filcd its initial protest- i our Office on December 13. Cransiac's December 13 filing showed that Tr-ansiac tad knowldge of the contents of the LeCroy bid. However, Transiac's initial protest did not raise tho argutr.nt that LeCroy's p.-,uct did not meet the invitation's salient, characteristics; this

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