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B-201133.2,B-201133.3 1 (1981-06-22)

handle is hein.gao/gaobadjmo0001 and id is 1 raw text is: 
       44


                                   /  THE COMPTROLLER GENERAL
              DECISION,.              OF THE UNITEO STATES
                                      W A S H I N G T o N . 0 .C 2 0 5 4 8
*1                            \ it£


              FILE: B-201133.2, B-201133.3  DATE: June 22, 1981


              MATTER OF: Central Intelligence Agency, National
                            Office Systems, Inc.--Request for
                            Reconsideration
              DIGEST:


              1. Request for reconsideration by agency
                   of protest decision filed more than
                   10 working days after agency received
                   decision is untimely even though agency's
                   procurement division did not receive
                   decision until 5 working days later.

               2. Contention that order for supplies cannot
                  be placed directly with authorized agent
                  of Federal Supply Schedule contractor is
                  denied on reconsideration since agency's
                  delivery order was issued directly to con-
                  tractor and only in care of contractor's
                  authorized agent.


                  The Central Intelligence Agency (CIA) and National
               Office Systems, Inc. (National), request reconsidera-
               tion of our decision in National Office Systems, Inc.,
               B-201133, March 18, 1981, 81-1 CPD 210.

                   National had contended that the CIA's purchase
               from the Federal Supply Schedule of eight power shelv-
               ing units manufactured by Kardex Systems, Inc. (Kardex),
               was tainted because CIA procurement officials favored
               the use of Kardex equipment over the White Machine
               Company equipment offered by National. In our prior
               decision, we held that the CIA's requirements for
               eight power files containing a self-diagnostic feature
               were in contravention of the Federal Property Manage-
               ment Regulations, which prohibit purchases made at
               prices other than the lowest delivered price on the
               basis of mere personal preference.

                                     The CIA

                   The CIA argues that the determination that eight
              units and a self-diagnostic feature were required was
              the responsibility of the procuring agency. The Agency


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