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B-270330 1 (1996-02-28)

handle is hein.gao/gaocrptadya0001 and id is 1 raw text is: 


Comptroller General
of the United States
Washington, D.C. 20548

Decision                                   DECISION FOR PUBLIC RELEASE
                                         A protected decision was issued on the date below
                                         and was subject to a GAO Protective Order. This
                                         version has been redacted or approved by the parties
                                         involved for public release.


Matter of. Cornet, Inc.; Datacomm Management Services, Inc.

File:        B-270330; B-270330.2

Date:        February 28, 1996

Stephen P. Flott, Esq., Lisa A. Federici, Esq., and Miriam Lavanya Shashikant, Esq.,
Flott, Rosner & O'Brien, for Cornet, Inc.; and William A. Roberts III, Esq., Lee
Curtis, Esq., Jerone C. Cecelic, Esq., Marcia L. Stuart, Esq., and Karen L. Manos,
Esq., Howrey & Simon, for Datacomm Management Services, Inc., protesters.
Neal Walters, Esq., and William Kenny, Esq., Archer & Greiner, and Donald J.
Mulvihill, Esq., Kathy Siberthau Strom, Esq., Paul W. Butler, Esq., and Barbara 0.
Brincefield, Esq., Cahill, Gordon & Reindel, for Telenex Corporation, an intervenor.
Nicholas P. Retson, Esq. and Thomas J. Duffy, Esq., Department of the Army, for
the agency.
Scott H. Riback, Esq., and John M. Melody, Esq., Office of the General Counsel,
GAO, participated in the preparation of the decision.
DIGEST

1. Where protest initially raises only general allegations and is subsequently
supplemented in protester's comments by specific allegations, specific arguments
must independently satisfy timeliness requirements; where record shows that
protester could have advanced specific allegations in initial protest, these
contentions are dismissed as untimely.

2. Protest allegations relating to technical acceptability of awardee's product are
dismissed as untimely where not raised until after protester's receipt of agency
report, even though allegations are based upon commercial information available to
protester at an earlier time.

3. Protest against agency's decision to make award based on initial proposals is
dismissed where solicitation advised offerors of agency's intent to award without
discussions, and agency's decision that discussions were not necessary is not shown
to be incorrect.

4. Protest by concern that initially filed protest at General Services Board of
Contract Appeals is dismissed as untimely where, despite protester's position to the


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