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B-287146 1 (2001-04-25)

handle is hein.gao/gaocrptamov0001 and id is 1 raw text is: G A 0 Comptroller General SIntegrity Reliability of the United States ~ccountabthty Inert Rea iy United States General Accounting Office Washington, DC 20548 Decision Matter of: Telex Communications, Inc. File: B-287146 Date: April 25, 2001 Kristine L. Bruer, Esq., for the protester. Phillipa L. Anderson, Esq., Philip S. Kauffman, Esq., and Merilee D. Rosenberg, Esq., Department of Veterans Affairs, for the agency. Paula A. Williams, Esq., and Michael R. Golden, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST Rejection of protester's proposal is unobjectionable where required product sample was received by contracting agency after the time stated in the solicitation. Although the protester argues that the agency failed to properly address the sample request so that the request was allegedly misdirected, the offeror generally bears the risk of not receiving solicitation materials, and, in any event, the protester shares the blame for any misdirection that occurred. DECISION Telex Communications, Inc. protests the elimination of its proposal under request for proposals (RFP) No. 791-03-00, issued by the Department of Veterans Affairs (VA) to obtain hearing aids. The VA rejected Telex's proposal because, although the text of the protester's proposal was received by the proposal due date, the required product sample was not submitted by the time established in the RFP. Telex contends that actions by the agency were the paramount cause for the late delivery of its product sample. We deny the protest. The RFP, issued on September 18, 2000, provided for the award of multiple indefinite-delivery/indefinite-quantity contracts for a 2-year period. The successful contractors under the RFP will provide various types of hearing aids for all VA medical facilities and other government agencies worldwide. Technical requirements for the hearing aids were stated in the RFP's commercial item description. As amended, the RFP proposal preparation instructions directed

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