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B-193652 1 (1979-01-25)

handle is hein.gao/gaobadgvu0001 and id is 1 raw text is: 




                         THE  COMPTROLLER GENERAL
 DECISION              .OF   THE   UNITED STATES
                         WASHINGTON, D.C. 20548



      B-193652
 FILE:                         DATE: January 25, 1979
               Shiffer Corporation
 MVATTER OF:


 DIGEST:

     Protest filed with GAO more than
     10 days after &,otification of initial
     pdverse agency actionj (denial Of pro-
     test to agency) -is un-imely and not for
     consideration.


     Shiffer Corporation protests the award of a contract
by the Defense Logistics Agency under solicitation
No. DLA-004-78-B-0043.

     Shiffer contends that it is the lowest responsive
and responsible bidder.  On September 19, 1978, Shiffer
was informed by numerous telephone conversations with DLA
that it had been found nonresponsive and nonresponsible.

     Shiffer initially filed its protest against the
negative determinations with DLA on September 19,
1978, at which time DLA proceeded to perform a pre-
award survey on Shiffer.  By letter dated October 2,
1978, DLA denied the protest.  On December 8, 1978,
Shiffer filed a subsequent protest with our Office.

     Section20.2(a)  of our Bid Protest Procedures,
4 C.F.R. part 20 (1978), states in pertinent part:

          * * * If a protest has been filed
     initially with the contracting agency,
     any subsequent protest to the General
     Accounting Office filed within 10 [work-
     ing] days of formal notification of or
     actual or constructive knowledge of
     initial adverse agency action will be
     considered * * *.

     Since the October 2 letter was the initial adverse
agency action (denial of protest to agency) and Shiffer

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