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B-276874.2 1 (1997-06-02)

handle is hein.gao/gaocrptafzy0001 and id is 1 raw text is: oComptroller General of the United States Washington, D.C. 20548 Decision Matter of: Pentec Environmental, Inc. File: B-276874.2 Date: June 2, 1997 Marvin L. Gray, Jr., Esq., and John H. Parnass, Esq., Davis Wright Tremaine LLP, for the protester. Mark Langstein, Esq., Department of Commerce, for the agency. Peter A. Jannicelli, Esq., and Michael R. Golden, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST Where a protest is based upon information obtained during a debriefing held more than 1 month after the agency first offered to debrief the protester and the 1-month delay in conducting the debriefing was attributable solely to the protester's repeated requests that the debriefing be delayed so that the protester could obtain and evaluate information under the Freedom of Information Act and so that the protester's employee could attend an unrelated business conference and take a vacation, the protester did not diligently pursue its basis for protest because it could have received the same information forming the basis for protest if it had accepted the agency's offer to conduct the debriefing 1 month earlier. DECISION Pentec Environmental, Inc. protests the Department of Commerce's award of a contract to Marine Research Specialists (MRS) for a follow-on contract to continue studying the biological impact of the 1989 Exxon Valdez oil spill and subsequent cleanup efforts pursuant to solicitation No. 50ABNC700012. Pentec protests that MRS' proposal is nonresponsive to a material term of the solicitation and that the agency improperly evaluated Pentec's proposal. We dismiss the protest. Pentec initially alleged that MRS' proposal was nonresponsive in a protest it filed in our Office on April 28, 1997. In that protest Pentec stated that it first became aware of its protest ground on April 14, when it received portions of MRS' proposal from the agency in response to a Freedom of Information Act (FOIA) request. We dismissed Pentec's initial protest on April 30 as untimely under section 21.2(a)(2) of our Bid Protest Regulations, 4 C.F.R. § 21.2(a)(2) (1997), which requires that a protest of other than an apparent impropriety in a solicitation be filed not later than

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