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B-400728 1 (2008-12-10)

handle is hein.gao/gaobadaqy0001 and id is 1 raw text is: 


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         G    A   O                                                  Comptroller General
      Acc untabiity * Integrity * Reliability of the United States
United States Government Accountability Office
Washington, DC 20548

            D   ..
         Decision


         Matter of:  Sector One Security Solution

         File:       B-400728

         Date:       December   10, 2008

         Kenneth L. Sanford, Sector One Security Solution, for the protester.
         David B. Dempsey, Esq., Jessica M. Madon, Esq., and Megan M. Mocho, Esq., Holland
         & Knight LLP, for Four Winds Services, Inc., an intervenor.
         Dennis J. Gallagher, Esq., Department of State, for the agency.
         Linda C. Glass, Esq., and Ralph 0. White, Esq., Office of the General Counsel, GAO,
         participated in the preparation of the decision.
         DIGEST

         Protester's contention that the agency improperly refused to consider its proposal is
         denied where there is no evidence that the agency received the proposal by the
         solicitation due date or that improper government action caused the failure of the
         postal service to make timely delivery, and where the record shows that the
         protester failed to follow the delivery instructions in the solicitation.
         DECISION

         Sector One Security Solution, of Franklin, Virginia, protests the rejection as late of
         its proposal submitted in response to request for proposals (RFP) No.
         SAQMMAO8RO237, issued   by the Department of State (DOS) for the acquisition of
         support services to DOS Peacekeeping Operations in Africa. Sector One argues that
         the agency should have accepted its proposal because the protester sent it by United
         States Postal Service (USPS) Express Mail and because the protester believes the
         USPS carrier attempted to deliver the proposal prior to the closing time for receipt.

         We deny the protest.

         The RFP was published in FedBizOpps on June 27, 2008, and contemplated multiple
         awards of indefinite-delivery/indefinite-quantity contracts to provide these support
         services for a base period with four 1-year option periods. The RFP, as amended,
         informed offerors to submit their proposals by 3 p.m. local time on September 11,
         2008, at the following address:

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