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B-192261 1 (1978-09-18)

handle is hein.gao/gaobadgkj0001 and id is 1 raw text is: I II TH! CrJMVPT~tI01f.Iff E.'NC-r4.4-L 4- SE \OFC 1iE U3lN\1lED fH±iF7 . STAT.B FILE. B-192261 D,CsTlE: Septem~bzr 18, 1978 MATTE 171F: Robert Yarnall RichiC Productions D IE S T: 1. Protes orz's lace proposal was properly rejected by agency notwith- standin, that protester was advised by Postal Service one day prior :-. date set for receipt of proposals that uire OL' express mail would low delivery at agency prior to deadline, In absence of showing that proposal was misandled by agency after its receipt. 2. Failure to solicit an offeror in time-for him ro submic a timely offer does not, absent showing o deliberate intent to exclude, afford sufficient basis to question otherwina proper award. 3. Award of contract while protest was pending is not inproper where determination was made at higher level than contracting officer in accordance with applicuble regulations. Robert Yarnall .TLchie Productionq (Richie), protests the rejection of its proposal by the Department of the Army,. Office of the Chief of Engineers, under Request for Proposal (RFF) No. DACM 31-78-R- 0008. The basis of rejectio was that the proposal was received by the contracting activity after the date set for the pening of proposuls and that none of the circ*.mstances permitting .-onsickratlon of late propobals were present as Lhown in paragraph 20 of the RFP. The date and time designated for receipt of proposals was established as 4:00 P.M. on June 8, 1.8. The Rirhie proposal was sent at 11:00 A.M., June 7, 1978, by United States Postal Service Express Mail Service, which guaranteed delivery the next day before 3:00 P.M. Richie's proposal was received by Government personnel of the Army Corps of Engineers a.: 4:35 P.M., which was 35 minutes late, and therefore was riot opened and considered. RLchie alleges that an air traffic controller slowdown was responsible for the late delivery, and that thc lateness is attributable to agencies of the Government beyond the control and negligence of'the offeror. Richie also states that it did not receive sufficient time to prepare its proposal since the solicitation date was M-ay 9, 1978, and it di,-d not receive the proposal until May 19, 1978. 111 pI

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