BNUMBER:  B-274081
DATE:  August 20, 1996
TITLE:  The Real Estate Center

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Matter of:The Real Estate Center

File:     B-274081

Date:August 20, 1996

Christopher Solop, Esq., and Lynn Hawkins Patton, Esq., for the 
protester.
Jerold D. Cohen, Office of the General Counsel, GAO, participated in 
the preparation of the decision.

DIGEST
Protests filed on or after August 8, 1996 are subject to the 
timeliness rules set out in General Accounting Office's (GAO) Bid 
Protest Regulations as amended by the Final Rule published in the 
Federal Register on July 26, 61 Fed. Reg. 39039-47 (1996) (to be 
codified at 4 C.F.R. part 21).  Pursuant to section 21.2(a)(2), 61 
Fed. Reg. 39043 (to be codified at 4 C.F.R.  sec.  21.2(a)(2)), GAO will 
not consider a protest challenging a procurement conducted on the 
basis of competitive proposals under which a debriefing is requested 
and required if filed before the debriefing date offered to the 
protester (even if the protest basis was known before the debriefing); 
the protest instead should be filed not later than 10 days after the 
date on which the debriefing is held. 

DECISION

The Real Estate Center (REC) protests the award by the Department of 
Veterans Affairs (VA) of a contract to any other offeror under 
solicitation No. 691-81-95 for property management and disposition 
services.  We dismiss the protest.

REC received written notice on August 7, 1996 that an award had been 
made (the notice did not identify an awardee), and REC immediately 
requested a debriefing   pursuant to the Federal Acquisition 
Regulation (FAR).  Section 15.1004 of the FAR, which implements 41 
U.S.C.  sec.  253b(e) (1994), provides that if an agency receives a written 
debriefing request within 3 days after the offeror has received an 
award notice, the offeror must be debriefed and furnished the basis 
for the selection decision within 5 days of the agency's receipt of 
the request (if practicable).  According to REC, however, the VA has 
not yet responded to the firm's request. 

REC's protest was filed in our Office on August 9.  The protest 
therefore is subject to the timeliness rules set out in our Bid 
Protest Regulations as amended by the Final Rule published in the 
Federal Register on July 26 (applicable to protests filed on or after 
August 8), 61 Fed. Reg. 39039-47 (1996) (to be codified at 4 C.F.R. 
part 21).  Pursuant to section 21.2(a)(2), 61 Fed. Reg. 39043 (to be 
codified at
4 C.F.R.  sec.  21.2(a)(2)), our Office will not consider a protest 
challenging a procurement conducted on the basis of competitive 
proposals where, as here, a debriefing is requested and required, if 
the protest is filed before the debriefing date offered to the 
protester (even if the protest basis was known before the debriefing); 
the protest instead should be filed not later than 10 days after the 
date on which the debriefing is held.  This rule is designed to 
encourage early and meaningful debriefings and to preclude strategic 
or defensive protests, i.e., protests filed before actual knowledge 
that a basis for protest exists or in anticipation of improper actions 
by the contracting agency.  61 Fed. Reg. 39040.  

Accordingly, we dismiss the protest.  In this respect, the VA has 
advised our Office that it has now scheduled a debriefing.  As 
indicated above, a protest to our Office within 10 days afterwards 
will be considered timely.  We also point out, however, that while the 
rule at section 21.2(a)(2) of our Regulations maintains a protester's 
opportunity to obtain meaningful review at our Office, the law 
requires an agency to stay contract performance only if the agency 
receives notice of a protest within 5 days after the debriefing date 
offered in response to a requested and required debriefing.  31 U.S.C.  sec.  
3553(d); FAR  sec.  33.104(c).

The protest is dismissed.

Comptroller General
of the United States

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