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B-291980 1 (2003-03-26)

handle is hein.gao/gaobacygk0001 and id is 1 raw text is: 


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         G    A     0Comptroller General
 -   -Accountability * Integrity * Reliability                       of the United States
United States General Accounting Office
Washington, DC 20548



          Decision


          Matter of:  GROH  GmbH

          File:       B-291980

          Date:       March 26, 2003

          Henry Salisbury for the protester.
          Capt. Robert L. Stolzman, Department of the Air Force, for the agency.
          Tania Calhoun, Esq., and Christine S. Melody, Esq., Office of the General Counsel,
          GAO, participated in the preparation of the decision.
          DIGEST

          Protest that contracting agency improperly rejected proposal sent by facsimile as
          late is denied where the record does not establish that the agency timely received the
          protester's proposal and where, in any event, the solicitation did not include the
          clause authorizing submission of proposals by facsimile; notwithstanding the e-mail
          advice sent to the protester by the agency's point of contact, authorization for
          submission of facsimile proposals concerns the preparation of proposals and must
          be furnished to all offerors.
          DECISION

          GROH  GmbH  protests as improper the rejection of its proposal as late under
          request for proposals (RFP) No. F61815-03-R-0002, issued by the Department of the
          Air Force for the repair of a military family housing playground at Mor6n Air Force
          Base, Spain.

          We deny the protest.

          The closing time and date for receipt of proposals under this solicitation was 4 p.m.
          on February 3, 2003. RFP amend. No. 0001 at 2. The solicitation's standard form
          (SF) 1442, Solicitation, Offer, and Award, stated that proposals were to be
          delivered to the place listed in block 8 of the form. RFP at 1. The information in
          block 8 simply referred offerors to block 7, which contained the street address,
          telephone number, and facsimile number of the agency's issuing office. Id.

          The solicitation incorporated Federal Acquisition Regulation (FAR) § 52.215-1,
          Instructions to Offerors-Competitive Acquisition. Among other things, this clause

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