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B-401148 1 (2009-06-08)

handle is hein.gao/gaobadawm0001 and id is 1 raw text is: 


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A    -    GA        O                                                   Comptroller General
fi.7!7  Accountabiity * Integrity * Reliability                         of the United States
  United States Government Accountability Office
  Washington, DC 20548

              D   ..
           Decision


           Matter of:  ALJUCAR,   LLC

           File:       B-401148

           Date:       June 8, 2009

           Rudy Sutherland for the protester.
           Karen M. Reilley, Esq., and Monica A. Ceruti, Esq., National Aeronautics and Space
           Administration, for the agency.
           Susan K. McAuliffe, Esq., and Christine S. Melody, Esq., Office of the General
           Counsel, GAO, participated in the preparation of the decision.
           DIGEST

           Agency properly rejected protester's hand-delivered proposal as late where the
           protester significantly contributed to the late receipt of the proposal by failing to
           allow sufficient time for timely delivery of the proposal.
           DECISION

           ALJUCAR,  LLC, of Missouri City, Texas, protests the agency's rejection of its
           proposal as late under request for proposals (RFP) No. NNJ09227181R, issued by the
           National Aeronautics and Space Administration (NASA), Lyndon B. Johnson Space
           Center, for process improvement and project services. The protester, which allowed
           only 8 minutes from arrival at a Space Center security checkpoint to drive to the
           building designated for the receipt of proposals, contends that a delay allegedly
           caused by improper action by the security guard at the checkpoint made it
           impossible for the protester to timely deliver its proposal.

           We deny the protest.

           The RFP provided that

                 [o]fferors are responsible for submitting proposals ... so as to reach
                 the Government  office designated in the solicitation by the time
                 specified in the solicitation . . .. [A proposal received] after the exact
                 time specified for receipt of offers is 'late' and will not be considered
                 unless it is received before award is made, the Contracting Officer
                 determines that accepting the late offer would not unduly delay the

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