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B-279327 1 (1998-03-24)

handle is hein.gao/gaocrptahse0001 and id is 1 raw text is: oComptroller General of the United States Washington, D.C. 20548 Decision Matter of: Peacock, Myers & Adams File: B-279327 Date: March 24, 1998 Deborah A. Peacock, Esq., Peacock, Myers & Adams, for the protester. Joseph A. Lenhard, Esq., Department of Energy, for the agency. Marie Penny Ahearn, Esq., and John M. Melody, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST Protest is dismissed as untimely filed where sent by facsimile transmission, and General Accounting Office time/date stamp and other records indicate protest was received after 5:30 p.m.--the deadline for receipt of protests--on the tenth day of the timeliness period. DECISION Peacock, Myers & Adams protests the Department of Energy's (DOE) evaluation of the firm's proposal, and the award of multiple contracts to other offerors, under request for proposals (RFP) No. DE-RP02-97CH10887, for patent preparation and prosecution services. We dismiss the protest as untimely filed. Our Bid Protest Regulations contain strict rules for the timely submission of protests. Under these rules, a protest based on other than alleged improprieties in a solicitation must be filed not later than 10 calendar days after the protester knew, or should have known, of the basis for protest, whichever is earlier; however, a protest, such as here, challenging a procurement conducted on the basis of competitive proposals under which a debriefing is requested and, when requested, is required, must be filed not later than 10 days after the date on which the debriefing is held in order to be timely. 4 C.F.R. § 21.2(a)(2) (1997); Professional Rehabilitation Consultants, Inc., B-275871, Feb. 28, 1997, 97-1 CPD 94 at 2. The DOE conducted a debriefing with Peacock on February 11, 1998, during which Peacock was apprised of the information underlying its protest grounds. Peacock contends that it then timely filed its protest with our Office on February 23, the tenth day after the debriefing, at approximately 5:28 p.m. Eastern Standard Time (EST) by facsimile (fax) transmission. However, the DOE argues that the protest was untimely, since our records show that the protest was time/date stamped as

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