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B-204960.3 1 (1982-04-26)

handle is hein.gao/gaobadkgp0001 and id is 1 raw text is:                                                                       , -'p


                                 0-        THE COMPTROLLIEF4 ORNNAL
                  -cLCISION       ..OF THE UNITTO STATUS
                                     £ WA93H ING TON, 0, 0. 205 46


    P PILE;                B-20496043            DATE: April 26, 1982
                  MATTER OF:    ICS, Inc.--Reconsideration

                  DIGEST:

                       GAO affirms prior decision because the
                       protester has not shown any errors of
                       law or fact in the decision's holding
                       that the protest w&s untimely filed
                       under 4 C.F.RtsS 21,2(a) (1901), since
                       the protester's appeal of the initial
                       adverse agency action to the Secretary
                       of Health and Human Services did not
                       extend the time to file a subsequent
                       protest with GAO.

                       HCS, Inc., requests reconsideration of our decision
                   In the matter of HCS, Inc., B-20496092, March 23, 1982,
                   82-1 CPD  _, which dismissed, as untimely, HCS's pro-
                   test against the award of a contract to Systems Manage-
                   ment Associates, Inc., under request for proposals
                   (RFP) No. 271-81-4922 issued by the National Institute
                   on Drug Abuse, Department of Health and Human Services
                   (IIHS), for the operation of the National Drug Abuse
                   Center,
                       lCS contends that our decision fails to consider
                  aua HHS regulation, which pex-mitted HCS to appeal the
    Iinitial adverse agency action to the Secretary of HHS
                  prior to protesting here.  After considering HCS's
        *         contention, we affirm the prior decision.
 *  1
    : ,The relevant facts are not disputed.                  By letter
                  dated October 23, 1981, HCS protested to the procuring
                  activity, contending that six specific violations
I) I              of applicable procurement regulations and procedures
                  rendered the award illegal.  By letter dated
                  November 18,v 1981, the procuring activity denied the
                  protest, responding point-by-point to the objections
,tI.              by CS. By letter dated December 1, 1981, 1105 appealed


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