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B-198071.2 1 (1980-04-24)

handle is hein.gao/gaobadiff0001 and id is 1 raw text is: 


              oTHE COMIPTROLLEi GENERAL
      D I  N E3 O . as or T a U arN nm STATEs
                         WASHINGTON, D.C. 20548



FILE:     B-198071.2          DATE:  April 24, 1980

MATTER   OF:   Henry R. Stevenson--Reconsideration


DIGEST:
       formation copy of protest sent
     to agency, even if received timely,
     does not operate to render timely
     otherwise untimely protest to GAO.
     Further, consultation with counsel
       16r to filing protest with GAO is
  I 0hnot valid basis for extending 10-day
  +6 time limitation where protester is
     aware of adverse agency action and
     the reason therefor.  Therefore,
     prior decision refusing to consider
     ydrrntimely protest is affirmed.
     Mr. Henry R. Stevensoniyequest  reconsideration
of our decision in Mr. Henry R. Stevenson, B-198071,
March 26, 1980, 80-1 CPD    , in which we dismissed
as untimely Mr. Stevenson's protest of the Army's
cancellation of request for proposals (RFP) No. DAAD 07-
80-R-0005 and refused to consider his claim for proposal
preparation costs.

     Mr. Stevenson now presents two reasons why he
believes reconsideration is appropriate.  First, he
sent the dontracting officer a copy of the protest to
our Offict.  In his view this constitutes filing a pro-
test with the contracting agency.  Since Mr. Stevenson
has heard nothing from the contracting agency he be-
lieves that his protest to our Office is timely. Second,
upon receipt of the notice of cancellation Mr. Stevenson
consulted his attorney in order to ascertain whether
grounds for a valid protest existed.  It was not until
February 29, 1980, that an Army attorney advised
Mr. Stevenson's attorney of the Army's interpretation
of the statute in question.

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