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DynaLantic Corporation of Sayville, New York, requests
that we reconsider our March 15, 2010, decision denying
its protest of the award of a contract to Fidelity
Technologies Corporation of Reading, Pennsylvania, under
request for proposals No. W900KK-09-R-0042, issued by the
Department of the Army, Program Executive Office for
Simulation, Training, and Instrumentation, for an MI-17 CT
(counter terrorism) flight training device simulator.
We dismiss the request for reconsideration as untimely
because it was not filed within 10 calendar days of the
date that the requester's counsel received the protected
version of our decision.
Our Bid Protest Regulations contain strict rules for the
timely submission of protests, comments, and requests for
reconsideration; specifically, a request for
reconsideration must be filed not later than 10 days after
the basis for reconsideration is known or should have been
known, whichever is earlier. 4 C.F.R. sect. 21.14(b)
(2010). We measure compliance with our timeliness rules
from the time that protester's counsel receives notice of
a protestable issue. See, e.g., Dual Inc.--Costs,
B‑280719.3, April 28, 2000, 2000 CPD para. 76 at 2;
Columbia Research Corp., B‑247073.4, Sept. 17, 1992, 92-2
CPD para. 184 at 2-3. A request for reconsideration that
fails to meet these requirements will not be considered.
In this respect, our timeliness rules reflect the dual
requirements of giving parties a fair opportunity to
present their cases and resolving protests expeditiously
without unduly disrupting or delaying the procurement
process. Dominion Aviation, Inc.--Recon., B-275419.4, Feb.
24, 1998, 98‑1 CPD para. 62 at 3.
Here, to be timely under our rules, the requester was
required to file its request for reconsideration within 10
days of March 15, when its counsel received our protected
decision, or March 25. The protester, however, did not
file its request for reconsideration until May 24, when it
received the redacted version of our decision, and its
request is therefore untimely. 4 C.F.R. sect. 21.14(b).
The request for reconsideration is
dismissed. (DynaLantic
Corporation--Reconsideration, B-402326.3, August 10,
2010) (pdf) |
