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B-206137.2 1 (1982-04-27)

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MEOISION


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THE COMPTROLLER WENIRAL
OF THE UNITED STATES
WASHINGTON, D. C. 20548


B-206137.9 2


DATE:


April 27, 1982


MATTER OF:


Afri-Arnerican Supply
  Recons iderat ion


Company--


DIGEST:
     Prior deciL;ion is affirmed where request
     for reconsideration fails to demonstrate
     that decisio. was factually or legally
     erroneous.


     Afri-American Supply
requests reconsideration
American Supply Company,
82-1 CPD 141, where we 0i
protest on the basis that
and partially premature.


Company (Afri-American)
of our decision in Afri-
B-206137, February 17, 1982,
smissed Afri-Arnerican's
it was partially untimely


     Afri-American protested the General Services
Administration's (GSA) handling of two solicitations,
solicitation No. AT/TC 19115 (solicitation 15) and
solicitation No. AT/TC 19117 (solicitation 17).
Under solicitation 15, GSA rejected Afri-American's
bid and following Afri-American's protest of the
rejection to GSA, GSA explained by letter the basis
of the rejection. We found the letter to constitute
initial adverse agency action and dismissed Afri-
American's protest to our Office a' untimely because
it was filed more than 10 working days after Afri-
American should have received the letter. See 4 C.F.R.
S 21.2(a) (1981).                           -

     Under solicitation 17, Afri-American merely
speculated that at some future time GSA might
improperly deny an award to Afri-American. We found
this to be premature because GSA had done nothing
adverse to Afri-American's interest. Parenthetically,
we noted that GSA was in the process of making awards
to Afri-American.


     Now,
decision
decision
American'


Afri-American contends that our prior
Is incorrect since, if the rationale of our
under solicitation 17 is applied to Afri-
s protest of solicitation 15, it is clear


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