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B-292097 1 (2003-05-29)

handle is hein.gao/gaobacyie0001 and id is 1 raw text is: I G A 0Comptroller General A- Accountability * Integrity * Reliability of the United States United States General Accounting Office Washington, DC 20548 Decision Matter of: Tishman Construction Corporation File: B-292097 Date: May 29, 2003 Paul A. Varela, Esq., and Frank S. Murray, Esq., Watt, Tieder, Hoffar & Fitzgerald, for the protester. Jonathan A. Baker, Esq., Jeffrey Paul Robbins, Esq., and Michael Colvin, Department of Health and Human Services, for the agency. Guy R. Pietrovito, Esq., and James A. Spangenberg, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST In a negotiated procurement that required offerors to submit both paper and electronic versions of proposals, rejection of the protester's proposal as late because the paper version of the proposal was not delivered by the time set for receipt of proposals was not reasonable, where a complete copy of protester's proposal was timely received in accordance with the solicitation instructions; the late delivery of the paper version was a minor informality that should have been waived. DECISION Tishman Construction Corporation protests the rejection of its proposal as late under request for proposals (RFP) No. NIH-NIAID-DMID-03-54, issued by the National Institute of Allergy and Infectious Diseases, National Institutes of Health, Department of Health and Human Services (HHS), for construction quality management services. We sustain the protest. The RFP, issued January 24, 2003, provided for the award of a cost-reimbursement contract to provide construction quality management services. The contractor will act as a liaison between the agency and firms that are constructing regional and national biocontainment laboratories for the agency; will provide planning, design, construction, commissioning, activation, occupancy, and closeout activities of each construction project; and will assist in the oversight of grants and contracts for the construction work. RFP at 4.

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