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GAOU.S. GOVERNMENT ACCOUNTABILITY OFFICE
441 G St. N.W. Comptroller General
Washington, DC 20548 of the United States
Decision
Matter of: Ghazanfar Neft Gas LTD
File: B-414636
Date: July 21, 2017
S. Ahmad Shaheer Razavie, for the protester.
Kathryn M. Kelley, Esq., Defense Logistics Agency, for the agency.
Paula J. Haurilesko, Esq., and Laura Eyester, Esq., Office of the General Counsel,
GAO, participated in the preparation of the decision.
DIGEST
Protest that the agency failed to consider a firm's e-mailed proposal is denied, where
the protester cannot demonstrate that the agency received the e-mail containing the
proposal.
DECISION
Ghazanfar Neft Gas LTD, of Mazar-e-Sharif, Afghanistan, protests the decision of the
Defense Logistics Agency (DLA) not to consider its proposal under request for
proposals (RFP) No. SPE600-17-R-0208, issued by DLA for diesel and unleaded
automotive gasoline. Ghazanfar contends that it timely submitted its proposal and that
the agency failed to respond to its request for clarification about the status of its
proposal.
We deny the protest.
BACKGROUND
The RFP, issued on February 23, 2017, provided for the award of a fixed-price
requirements contract for the supply and delivery of diesel products and unleaded
automotive gasoline to the U.S. Embassy in Kabul, Afghanistan. Agency Report (AR),
Tab 2, RFP, at 1, 11, 43. The RFP contemplated a 3-year period of performance. Id.
at 11. Award was to be made on a lowest-price, technically acceptable basis. Id. at 83.
The RFP contained instructions for the submission of proposals and included Federal
Acquisition Regulation (FAR) provision 52.212-1, Instructions to Offerors - Commercial
Items, which stated that [o]fferors are responsible for submitting offers.., so as to](ViewImageLocal?handle=hein.gao/gaobadtpy0001&div=1&collection=&method=preview&ext=.png&size=3)