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B-296294 1 (2005-06-30)

handle is hein.gao/gaocrptaqwz0001 and id is 1 raw text is: A G A O Comptroller General . Accountability * Integrity * Reliability of the United States United States Government Accountability Office Washington, DC 20548 Decision Matter of. Kesser International File: B-296294 Date: June 30, 2005 Christopher Solop, Esq., Armstrong Allen PLLC, for the protester. Capt. Peter G. Hartman, Department of the Army, for the agency. Peter Verchinski, Esq., and John M. Melody, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST Agency properly rejected proposal as late where it was received minutes after closing time; 20 minute delay at a security checkpoint did not constitute improper government action and, in any case, was not paramount cause of late receipt, since delay took place 2 hours before closing time, leaving courier sufficient time to deliver proposal. DECISION Kesser International protests the rejection of its proposal as late under request for proposals (RFP) No. W91 1SF-05-R-0001, issued by the Department of the Army, for grounds maintenance services at Fort Benning, Georgia. We deny the protest. The solicitation informed potential offerors that initial proposals were to be received in Building 6, Room 313, Fort Benning, Georgia, by 2:00 p.m., March 31, 2005. The solicitation included the standard late proposal clause for commercial items, Federal Acquisition Regulation (FAR) § 52.212-1(f), which generally states that any offer received at the office designated in the solicitation after the exact time specified for receipt will not be considered. On March 30, the day before proposals were due, Kesser sent its proposal by FedEx priority overnight mail. While delivering packages on the base the next morning, according to FedEx, the courier was stopped and delayed for approximately 20 minutes at a military police random vehicle stop. (The Army states it has no record of this stop.) After the courier was allowed to proceed, he returned to

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