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B-404731 1 (2011-03-04)

handle is hein.gao/gaobadbsf0001 and id is 1 raw text is: 




         G    A    0Comptroller General
       Accountability * Integrity * Reliability                    of the United States
United States Government Accountability Office
Washington, DC 20548


             D  ..
         Decision


         Matter  of: Noble Supply and Logistics

         File:       B-404731

         Date:       March 4, 2011


         Michael A. Hordell, Esq., and Heather Kilgore Weiner, Esq., Pepper Hamilton LLP, for
         the protester.
         Gary R. Allen, Esq., Department of the Air Force, for the agency.
         Jennifer D. Westfall-McGrail, Esq., and Edward T. Goldstein, Esq., Office of the
         General Counsel, GAO, participated in the preparation of this decision.
         DIGEST

         Protest challenging agency's rejection of the protester's proposal as late is denied
         where the protester unreasonably disregarded closing date established by
         solicitation and instead relied on oral advice from the contracting officer indicating
         that the protester's proposal would be considered if submitted one day after the
         solicitation's closing date.
         DECISION

         Noble Supply and Logistics, of Rockland, Massachusetts, protests the rejection of its
         proposal as late under request for proposals (RFP) No. FA4528-11-R-0001, issued by
         the Department of the Air Force for operation of the civil engineer supply store at
         Minot Air Force Base (AFB) in North Dakota. Noble argues that the agency
         unreasonably rejected its proposal as late.

         We  deny the protest.

         The RFP set the closing date for receipt of proposals as 4:30 p.m. on December 22,
         2010. The protester explains that on December 21, it delivered its proposal package
         to UPS to be shipped using Next Day service, but that when it checked on the
         status of the delivery the following morning, UPS advised it that severe weather

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