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B-292756 1 (2003-11-19)

handle is hein.gao/gaobacymn0001 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


             D  ..
         Decision


         Matter  of: The Haskell Company

         File:       B-292756

         Date:       November  19, 2003

         Tenley A. Carp, Esq., and Edward M. Whelan, Esq., McGuire Woods, for the
         protester.
         Damon  Martin, Esq., Naval Facilities Engineering Command, for the agency.
         Jennifer D. Westfall-McGrail, Esq., and Christine S. Melody, Esq., Office of the
         General Counsel, GAO, participated in the preparation of the decision.
         DIGEST

         1. Under request for proposals that designated closing time for submission of
         proposals as 14:00 hours, agency reasonably declined to reject as late a proposal
         received before the time 14:01 was displayed on the time/date stamp clock used by
         the agency for determining timeliness of proposal submissions.

         2. In circumstances of this case, offeror relinquished control of proposal package to
         government by placing package on desk of proposal receipt official in her presence.
         DECISION

         The Haskell Company protests the award of a contract to James N. Gray Company
         under request for proposals (RFP) No. N62474-03-R-4020, issued by the Naval
         Facilities Engineering Command (NAVFAC) for infrastructure upgrade and
         construction of a new aircraft parts store, flight simulator facility, and squadron
         operations/aircraft maintenance unit facility at Travis Air Force Base. Haskell
         contends that Gray's proposal should have been rejected as late.

         We  deny the protest.

         The RFP instructed offerors to submit their proposals in two parts; part 1, consisting
         of offerors' responses to technical factors 1 and 2 (past performance and technical
         qualifications), was due by 14:00:00 local time on May 1, 2003, while part 2,
         consisting of offerors' responses to technical factors 3 and 4 (management approach
         and commitment  to small business) and proposed prices, was due on/about July 2.

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