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B-199547.3 1 (1981-12-01)

handle is hein.gao/gaobadjww0001 and id is 1 raw text is: 

4146
                       '  ; r Te COMPTROLLE R QU!NFIRAIL
     DECISION                O O THIU UNITED UTATIES
                     L  '    WASHINGTON0, D. C. ',0548



     FILE:    B-199547c3           DATE;   December 1, 1981

     MATTER OF:.Kirschner Associaters, Inc.--Agency[Request
                  for Reconsideration

     D!WEST:
     1 Where initial protest submision raises
           issue of imitroper cost realism anaylsis,
           additional Istterial8 submitted in sup-
           port of timely protest tssue',iill be
           considered-, Th additioral sm4terials
           only provide the rationale for the pro-
           test basis clearly stated in the initial
           protest and do not constitute a piecemeal
           development of protest ismues.

      2.   In deciding a protest, GAO is nqt confiued
           to issues raised by parties to protest.
           W'here procurement deficiency is obvious
           from a review of agency's report on protest,
           GAO will state views and mAde recommendations
           if appropriate.


           The Department of Health and Humnan Services (HUS)
      requests reconsideration of Kirschn'er Associates', Inb.,
      B-199547.2# August 26, 1981, 81-2 QPD 178. In that deci-
      sion, we sustained Kirschner' s protest because, among
      other things, 'we did not believe that HHS conducted',
      proper cost realism analysis of proposals ilcispons
      to request for proposals No. ROV-ACYF-80-002, a solic-
      itation for training and technical assistance to Head]
      Start Proqram grantees,

          HHS contends that Kirschner first articulated the
      issue of improper cost realism analysis in correspondence
      received in our Office several months after the t14nitial
      protest submission. *HHS argues that we should rot have
      considered the cost realism issue, which was known to
      Kirschner at the time of initial protest submission,
      because the issue was untimeiy raised under our Bid
      Protest Procedures.







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