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B-415754,B-415773 1 (2018-02-16)

handle is hein.gao/gaobadujt0001 and id is 1 raw text is: GAO U.S. GOVERNMENT ACCOUNTABILITY OFFICE 441 G St. N.W. Comptroller General Washington, DC 20548 of the United States DOCUMENT FOR PUBLIC RELEASE The decision issued on the date below was subject to a GAO Protective Order. This redacted version has been approved for public release. Matter of: National Beef Packing Co. LLC File: B-415754; B-415773 Date: February 16, 2018 Charles A. Weiss, Esq., Bryan Cave LLP, for the protester. Brian M. Lucero, Esq., Department of Defense, for the agency. Jonathan L. Kang, Esq., and Laura Eyester, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST Protests that the agency unreasonably rejected the protester's proposals as late are denied where the record shows that the proposals were not under government control prior to the deadline established in the solicitation for receipt of proposals and where normal government operations were not interrupted in a manner that required the agency to extend the deadline for receipt of proposals. DECISION National Beef Packing Co. LLC, of Kansas City, Missouri, challenges the rejection of its proposals submitted in response to request for proposals (RFP) Nos. HDEC02-16-R- 0005 (RFP-0005) and HDEC02-17-R-0002 (RFP-0002), which were issued by the Department of Defense, Defense Commissary Agency (DeCA) for fresh and frozen beef products. The protester contends that the agency unreasonably rejected its proposals as late. We deny the protests. BACKGROUND DeCA issued RFP-0005 on May 1, 2017, seeking proposals to provide fresh and frozen beef products for commissaries located in the agency's west and pacific areas, including Alaska and Hawaii. Agency Report (AR), Tab 2, RFP-0005, at 1, 65. The agency issued RFP-0002 on June 13, seeking proposals to provide fresh and frozen beef products for commissaries located in the agency's east and central areas, including Puerto Rico, and Guantanamo Bay, Cuba. AR, Tab 12, RFP-0002, at 1, 69. The solicitations were issued as commercial item procurements under the provisions of

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