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B-402575 1 (2010-03-31)

handle is hein.gao/gaobadbgd0001 and id is 1 raw text is: li AL A , GA O Comptroller General Acc untabiity * Integrity * Reliability of the United States United States Government Accountability Office Washington, DC 20548 D .. Decision Matter of: Hunter Contracting Company File: B-402575 Date: March 31, 2010 B. Michael Schestopol, Esq., and Anne Marie Tavella, Esq., Oles Morrison Rinker & Baker LLP, for the protester. Susan C. Stevenson-Popp, Esq., Department of Homeland Security, Bureau of Customs and Border Protection, for the agency. Peter D. Verchinski, Esq., and Guy R. Pietrovito, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST Protester's late delivery of its proposal is not excused where the government was closed due to inclement weather for several days prior to the closing date for receipt of proposals, but normal government processes had resumed by the scheduled closing date such that the agency was able to receive proposals by the exact time specified in the solicitation; the fact that a delayed arrival/unscheduled leave policy for government employees was authorized for that day did not mean that normal government processes had not resumed. DECISION Hunter Contracting Company, of Tucson, Arizona, protests the rejection of its proposal as late under request for proposals (RFP) No. HSBP1209R2483, issued by the Department of Homeland Security, Bureau of Customs and Border Protection (CBP), for comprehensive tactical infrastructure maintenance and repair along the United States southwest border. We deny the protest. The RFP, as amended, required offerors to submit proposals to the CBP's Arlington, Virginia office by 3 p.m. (eastern time), Friday, February 12, 2010. Hunter mailed its proposal from Tucson, Arizona on February 10 via the United States Postal Service's Next Day Noon Express. Due to severe inclement weather in the Washington D.C. area, airplane flights were cancelled and federal agencies were closed February 8-11. On Friday, February 12, federal agencies reopened, but were operating on a delayed

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