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B-275999.3 1 (1997-02-19)

handle is hein.gao/gaocrptafwv0001 and id is 1 raw text is: oComptroller General of the United States Washington, D.C. 20548 Decision Matter of: Global Engineering & Construction Joint Venture File: B-275999.3 Date: February 19, 1997 Donald E. Barnhill, Esq. and Joan K Fiorino, Esq., East & Barnhill, for the protester. Steven W. Feldman, Esq., for the agency. Jerold D. Cohen, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST The law requires that a contracting officer make every effort to provide a prompt preaward debriefing upon a timely request by an offeror excluded from the competitive range, but may refuse the request if it is not in the best interests of the Government to conduct a debriefing at that time; in that case, the debriefing must be held no later than the time post-award debriefings are held. General Accounting Office (GAO) will not review an agency's decision in a particular procurement that, based on agency resource issues, it is in the government's best interests to delay the debriefing until after award, in response to a protest by an excluded offeror that claims to better know the agency's resources and needs in that regard. The excluded offeror will be entitled to a post-award debriefing, and will have the opportunity to file a bid protest at GAO (and obtain a stay of performance) if it so desires; it will not be relevant to GAO's review that the protest is filed after award. DECISION Global Engineering & Construction Joint Venture protests the exclusion of its proposal from the competitive range under Army Corps of Engineers request for proposals No. DACA87-96-R-0025. We dismiss the protest. The Corps advised Global that the firm's proposal was excluded from the competitive range by letter of January 2, 1997, and Global immediately requested a debriefing pursuant to 10 U.S.C. § 2305(b) (1994), as amended by section 4104 of the Clinger-Cohen Act of 1996, Pub. L. No. 104-106, 110 Stat. 186, 644 (1996), and implemented by Federal Acquisition Regulation (FAR) § 15.1005 (FAC 90-44, 61 Fed. Reg. 69288, 69290, Dec. 31, 1996). The statute requires that a contracting officer make every effort to provide an excluded offeror a timely requested preaward 1030212

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