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B-408426,B-408426.2 1 (2013-09-17)

handle is hein.gao/gaobadpyd0001 and id is 1 raw text is: G A 0 Comptroller General A;ca ntabiilty I ntgilty I ReIIbiity of the United States United States Government Accountability Office DOCUMENT FOR PUBLIC RELEASE Washington, DC 20548 The decision issued on the date below was subject to a GAO Protective Order. This redacted version has been approved for public release. D e c i s i o n L .-- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - . . . . .. Matter of: Government Acquisitions, Inc. File: B-408426; B-408426.2 Date: September 17, 2013 Janine S. Benton, Esq., Kathy C. Potter, Esq., John M. Murdock, Esq., and Roseanne E. Stafiej, Esq., Benton, Potter & Murdock, PC, for the protester. James Y. Boland, Esq., William L. Walsh, Jr., Esq., and Christina K. Kube, Esq., Venable LLP, for Valador, Inc.; David S. Cohen, Esq., John J. O'Brien, Esq., Gabriel E. Kennon, Esq., and Amy J. Spencer, Esq., Cohen Mohr LLP, for Red River Computer Co., Inc.; and Thomas K. David, Esq., and Kenneth D. Brody, Esq., David, Brody & Dondershine, LLP, for All Points Logistics LLC, the intervenors. Brandi L. James, Esq., Frank V. DiNicola, Esq., and Lea E. Duerinck, Esq., Department of Veterans Affairs, for the agency. Paula J. Haurilesko, Esq., and Guy R. Pietrovito, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST 1. GAO will not grant request to dismiss a protest, from the agency and intervenor, based on the argument that our Bid Protest Regulations, at 4 C.F.R. § 21.0(f), require dismissal of a protest because the comments and supplemental protest issues were filed after 5:30 p.m. on the tenth day after receipt of the agency's report, where the record shows that the filing, made via e-mail, was received by GAO at 5:30 p.m. and 35 seconds; for GAO filings, the time of filing will be viewed as 5:30 p.m., until the clock reaches 5:31 p.m. 2. Protest that an awardee made a material misrepresentation in its responsibility certification is denied where the agency was aware of the awardee's settlement agreement with the government that did not acknowledge any corporate liability and the awardee did not intentionally misrepresent the conviction of a former principal. 3. The agency reasonably evaluated the awardees' past performance where the agency considered the past performance of the offeror and its major subcontractors in accordance with the solicitation.

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