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B-311437.3 1 (2009-01-07)

handle is hein.gao/gaobadast0001 and id is 1 raw text is: G A O Comptroller General KWn , Accountability * Integrity * Reliability of the United States United States Government Accountability Office DOCUMENT FOR PUBLIC RELEASE Washington, DC 20548 The decision issued on the date below was subject to a GAO Protective Order. This redacted version has been approved for public release. Decision Matter of: Urban Title, LLC File: B-311437.3 Date: January 7, 2009 Andrew J. Mohr, Esq., John J. O'Brien, Esq., and Catherine K. Kroll, Esq., Cohen Mohr LLP, for the protester. Scott L. Luna, Esq., for Luna & Luna, LLP, an intervenor. Gabriel Lopez, Esq., and Dorothy C. Crow-Willard, Esq., Department of Housing and Urban Development, for the agency. Paul N. Wengert, Esq., and Ralph 0. White, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST Protest that agency improperly rejected the protester's final proposal revision (FPR) as late is denied where the record confirms that the FPR was received by e-mail after the closing time for receipt of FPRs, and agency properly determined that no exception would permit evaluation of the late FPR. DECISION Urban Title, LLC, of Dallas, Texas, a small business, protests the award of two contracts to Brendan Gowing Inc. (Gowing) of Houston, Texas, and Luna & Luna, LLP of Garland, Texas, by the Department of Housing and Urban Development (HUD) under request for proposals (RFP) Nos. R-DEN-02218 and R-DEN-02219 for closing agent services. Urban Title argues that its final proposal revision (FPR) was improperly rejected as late, and that the agency improperly used concerns about Urban Title's ongoing performance of the incumbent contract to downgrade its past performance without raising those concerns during discussions. We deny the protest. BACKGROUND HUD issued the RFP on October 11, 2007, seeking proposals to provide real estate closing agent services for single-family properties in certain counties in

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