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B-403223 1 (2010-08-12)

handle is hein.gao/gaobadbks0001 and id is 1 raw text is: 


  L

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

            D   ..
         Decision


         Matter of:  Richcon  Federal Contractors, Inc.

         File:       B-403223

         Date:       August  12, 2010

         Richard A. Kublius, Sr., for the protester.
         Azine Farzami, Esq., Department of Agriculture, for the agency.
         Jonathan L. Kang, Esq., and James A. Spangenberg, Esq., Office of the General
         Counsel, GAO, participated in the preparation of the decision.
         DIGEST

         Agency properly rejected a quotation submitted by facsimile, where the solicitation
         incorporated a Federal Acquisition Regulation clause which expressly prohibited
         submission of quotations by facsimile.
         DECISION

         Richcon Federal Contractors, Inc., of Wellington, Florida, protests the rejection of its
         quotation by the Department of Agriculture, Forest Service, under request for
         quotations (RFQ) No. R3-6-10-007 for roofing services. The protester argues that the
         agency should have accepted its quotation, which was submitted by facsimile,
         notwithstanding the fact that the RFP incorporated a Federal Acquisition Regulation
         (FAR) clause that prohibited submission of quotations by this method.

         We deny the protest.

         The RFQ was  issued on June 11, 2010, and sought quotations to replace the roof of
         the Glenwood shop in the Gila National Forest, New Mexico. Section L of the RFQ
         included the text of FAR § 52.252-1, which states in relevant part: This solicitation
         incorporates one or more solicitation provisions by reference, with the same force
         and effect as if they were given in full text. Among the clauses incorporated by
         reference was Instructions to Offerors--Competitive Acquisition, which states, as
         relevant here, [u]nless other methods (eg., electronic commerce or facsimile) are
         permitted in the solicitation, proposals and modifications to proposals shall be
         submitted in paper media in sealed envelopes or packages ... . FAR § 52.215-
         1(c)(1). The RFQ did not advise vendors that any method other than paper media
         was acceptable for submission of quotations.

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