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B-404690 1 (2011-04-06)

handle is hein.gao/gaobadbth0001 and id is 1 raw text is: JiL 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: Ocean Services, LLC File: B-404690 Date: April 6, 2011 Wayne A. Keup, Esq., for the protester. Kristopher A. Fischer, Esq., Department of the Navy, for the agency. Katherine I. Riback, Esq., and James A. Spangenberg, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST Protest that contracting agency improperly refused to allow the protester to revive its expired proposal is sustained where the revival would not prejudice other offerors or the competitive system, given that the protester's proposal, the acceptance period for which expired on a Saturday, was revived by its extension of the acceptance period on the following Monday morning. DECISION Ocean Services, LLC, of Seattle, Washington, protests the refusal of the Department of the Navy, Military Sealift Command (MSC) to consider its expired proposal under request for proposals (RFP) No. N00033-10-R-2501. We sustain the protest. The MSC issued the RFP on March 25, 2010, as a total small business set-aside, to solicit proposals for the operation and maintenance of the ocean survey vessel (OSV) BOLD. The RFP advised offerors that award was to be made to the lowest-priced, technically acceptable proposal. The original closing date for proposals was April 26. The agency issued three amendments that revised the solicitation, answered questions regarding the solicitation, and ultimately extended the due date for receipt of proposals to June 9. RFP amend. 4. On June 23, the apparent awardee was announced and the offerors were informed by the agency that any challenges concerning the small business size status of the apparent awardee must be filed by June 30. Two offerors, including Ocean, timely challenged the size status of the apparent awardee. On August 2, the agency

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