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B-280005 1 (1998-08-17)

handle is hein.gao/gaocrptahug0001 and id is 1 raw text is: 


Comptroller General
of the United States

Washington, D.C. 20548

Decision



Matter of: RGI, hie.

File:        B-280005

Date:        August 17, 1998


Edward Tolchin, Esq., Fettmann, Tolchin & Majors, P.C., for the protester.
Maj. Robert L. Duecaster, Department of the Army, for the agency.
Marie Penny Ahearn, Esq., David A. Ashen, Esq., and John M. Melody, Esq., Office
of the General Counsel, GAO, participated in the preparation of the decision.
DIGEST

Where proposal sent via United States Postal Service Express Mail Second Day
Service is received by contracting agency after time for receipt of proposals stated
in solicitation, proposal is late and must be rejected; receipt of proposal at local
post office before closing time does not constitute timely receipt at activity
designated for receipt of offers.
DECISION

RGI, Inc. protests the rejection of its proposal as late under request for proposals
(RFP) No. DAKF40-97-R-0032, issued by the Department of the Army for the operation
of learning, language, and testing centers at Fort Bragg, North Carolina.

We deny the protest.

The RFP, as amended, established as the closing time for receipt of proposals
3 p.m. Eastern Standard Time on April 16, 1998, Amendment No. 0006 at 2, and
instructed offerors to Address Offer To ... Directorate of Contracting; Bldg 1-1333,
Room 107; Corner of Macomb & Armistead Sts; Fort Bragg NC 28307. RFP Cover
Sheet, Item 8. In addition, the solicitation included the standard instructions to
offerors clause, Federal Acquisition Regulation (FAR) § 52.215-1, providing that an
offer received at the office designated in the solicitation after the exact time
specified for receipt shall not be considered unless it was received before contract
award and, as relevant here, either: (1) was sent by U.S. Postal Service Express
Mail Next Day Service-Post Office to Addressee, not later than 5:00 p.m. at the place
of mailing two working days prior to the date specified for receipt of proposals,
FAR § 52.215-1(c)(3)(i)(C); or (2) there is acceptable evidence to establish that it

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