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![handle is hein.gao/gaocrptalfl0001 and id is 1 raw text is:
-e GeAtOa
E Comptroller General
of the United States
United States General Accounting Office
Washington, DC 20548
Decision
Matter of: Performance Construction, Inc.
File: B-286192
Date: October 30, 2000
Denver C. Snuffer, Esq., Nelson, Snuffer, Dahle & Poulsen, for the protester.
Wilson J. Campbell, Esq., and Jeffrey M. Denson, Esq., Department of the Navy, for
the agency.
Guy R. Pietrovito, Esq., and James A. Spangenberg, Esq., Office of the General
Counsel, GAO, participated in the preparation of the decision.
DIGEST
In a procurement conducted by electronic commerce, where the solicitation
materials were available only on the Internet, protest that the late delivery of the
protester's proposal was caused by the unavailability of the agency's website on the
date set for receipt of proposals and by the agency's refusal to delay the proposal
closing date is denied, where the protester's failure to make reasonable efforts to
promptly obtain the solicitation materials was the paramount cause of the late
delivery and the reason that the protester allegedly had insufficient time to prepare
its proposal.
DECISION
Performance Construction, Inc. protests the rejection of its proposal as late under
request for proposals (RFP) No. N44255-00-R-2485, issued by the Naval Facilities
Engineering Command on the Internet, for the renovation of family housing at the
Keyport Naval Undersea Warfare Center, Washington. Performance contends that
the late delivery of its proposal was caused by the inaccessibility of the Navy's
Internet site--the only official source for the RFP and its amendments--on the
proposal closing date and the Navy's refusal to delay proposal closing when the
agency was apprised of the inaccessibility of the Internet site.
We deny the protest.
The RFP was issued on the Internet on May 31, 2000, in accordance with Federal
Acquisition Regulation (FAR) § 5.102(a)(7), which provides that [i]f electronic](ViewImageLocal?handle=hein.gao/gaocrptalfl0001&div=1&collection=&method=preview&ext=.png&size=3)