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B-418516 1 (2020-03-18)

handle is hein.gao/gaobaeaum0001 and id is 1 raw text is: GO U.S. GOVERNMENT ACCOUNTABILITY OFFICE 441 G St. N.W. Comptroller General Washington, DC 20548 of the United States Decision Matter of: SAK Management Consulting File: B-418516 Date: March 18, 2020 Semy Kakoma, SAK Management Consulting, for the protester. Tami S. Hagberg, Esq., Nana Yaa Agyemang, Esq., Giovanna Jean-Baptiste, Esq., Department of Health and Human Services, for the agency. Heather Self, Esq., and Edward Goldstein, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST Protest is dismissed as untimely because the protester did not submit a readable protest file in GAO's Electronic Protest Docketing System until more than 10 days after it knew the basis of its protest, notwithstanding protester's submission of an un-openable file prior to close of business on the tenth day. DECISION SAK Management Consulting, LLC, a small disadvantaged business of Fredericksburg, Virginia, protests the award of a contract on a sole-source basis to Empirical Concepts, Inc., 1 by the Department of Health and Human Services (HHS) for audit support work. The protester argues that the agency lacked an adequate justification for making award 1 In its protest, SAK challenges an award made to GMG Management Consulting, Inc. Protest at 1. The record reflects that the agency made award to Empirical Concepts, Inc., not GMG. Request for Dismissal, exh. 1, Contracting Officer's Statement (COS), at 1. The protester contends that Empirical is an 8(a) firm that GMG used as the prime 8(a) contractor in order to obtain the 8(a) award, and that GMG is going to do the work anyway. Response to Request for Dismissal at 1. For the reasons discussed below, we dismiss the protest as untimely. Accordingly, we need not resolve the protester's allegations regarding the identity of the awardee.

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