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B-186292 1 (1976-06-16)

handle is hein.gao/gaobaddkf0001 and id is 1 raw text is: DECISION W OF THE UNITED STATES WASHINGTON, D.C. 20548 FILE: B-186292 DATE: June 16, 1976 MATTER OF: Bertolini Engineering Company DIGEST: Protester's proposal, hand-carried after time specified in RFP for receipt of proposals due to cancellation of commercial airline flight, was properly not considered since the lateness could not be excused under exceptions in applicable late proposal clause in RFP and no improper Government action was cause of lateness. Uniqueness of design approach and possible monetary advantage are not reasons to consider late proposal. This is a protest by the Bertolini Engineering Company against the refusal of the United States Army Mobility Equipment Research and Development Center (MERADCOM) to consider its hand-carried pro- posal submitted 122 minutes after the time specified for receipt of proposals under request for proposals (RFP) No. DAAG53-76-R-0757, for insulated refrigerated containers. The late submission, accord- ing to Bertolini, resulted from the cancellation of a commercial airline flight. The RFP contained the clause entitled Late Proposals, Modi- fications of Proposals and Withdrawals of Proposals (1974 Apr), prescribed by Armed Services Procurement Regulation (ASPR) H§ 3- 506(b) and 7-2002.4 (1975 ed.). Under the terms of the clause, MERADCOM informed Bertolini that the proposal would not be con- sidered because it was late. Bertolini admits that the hand-carried proposal was late and does not allege that there was any improper action on the part of the Government to cause the lateness. The proposal was properly rejected under the above-cited clause because it was not mailed or the only proposal received. Generally, an offeror is charged with the responsibility of en- suring that its proposal arrives at the proper place at the proper time. By choosing a method of delivery other than those specified in the late proposal clause, an offeror assumes a high degree of risk - 1 -

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