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B-265854 1 (1995-11-08)

handle is hein.gao/gaocrptacff0001 and id is 1 raw text is: 


Comptroller General
of the United States
Washington, D.C. 20548

Decision


Matter of: Koba Associates, Inc.

File:        B-265854

Date:        November 8, 1995

Ernest P. Francis, Esq., for the protester.
Terrence J. Tychan, Department of Health & Human Services, for the agency.
Peter A. Jannicelli, Esq., and Michael R. Golden, Esq., Office of the General Counsel,
GAO, participated in the preparation of the decision.
DIGEST

Agency properly rejected a hand-carried proposal that was delivered to the
depository office 3 minutes after the time specified for receipt of initial proposals
where the protester's actions were the paramount cause of the late delivery.
DECISION

Koba Associates, Inc. protests the Center for Substance Abuse Treatment's (CSAT)
refusal to consider its proposal submitted in response to request for proposals
(RFP) No. CSAT-95-0024, because the proposal was received at the contracts office
3 minutes after the time specified for submission of initial proposals.

We deny the protest.

Issued on June 30, 1995, the RFP requested proposals for furnishing technical
assistance and training services in support of treatment centers operated under
CSAT's Criminal Justice Treatment Networks. The RFP stated that initial proposals
must be received in CSAT's contracts office no later than 2 p.m. on August 21, and
that hand-carried proposals should be delivered to the following address:

      Jacquelyn C. Carey, Contracting Officer
      Center for Substance Abuse Treatment
      Contracts Management Branch
      5515 Security Lane, Rockwall II
      Suite 6A-26
      Rockville, Maryland 20857

The RFP included the standard late proposals clause, Federal Acquisition Regulation
§ 52.215-10, which states that, generally, any proposal received at the office
designated in the solicitation after the exact time specified for receipt will not be
considered. The clause also states that the only acceptable evidence to establish


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