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B-297968 1 (2006-03-31)

handle is hein.gao/gaocrptasoj0001 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: Project Resources, Inc. File: B-297968 Date: March 31, 2006 Jeremiah D. Jackson for the protester. Annette B. Kuz, Esq., and William L. Henson, Esq., Department of the Army, for the agency. Sharon L. Larkin, Esq., and James A. Spangenberg, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST Where the record shows that the agency lost the protester's proposal, a protest of the agency's evaluation and award decision is nevertheless denied because the record does not demonstrate a systemic failure in the agency's proposal receipt process. DECISION Project Resources, Inc. (PRI) protests the failure of the U.S. Army Corps of Engineers to evaluate its proposal for environmental remediation services under request for proposals (RFP) No. W91238-05-R-0022. PRI contends that the agency lost its proposal and requests that the proposal be evaluated. We deny the protest. The RFP provided that the agency would award up to five indefinite-delivery/ indefinite-quantity (ID/IQ) contracts for remediation services to section 8(a) contractors. The RFP required that proposals be submitted to the Department of the Army at the office of the Sacramento District Corps of Engineers, in Sacramento, California, no later than 2 p.m. on October 12, 2005. PRI shipped its proposal via FedEx, and the FedEx tracking slip shows that the package was received by the agency at 9:38 a.m. on October 12. The agency acknowledges timely receipt of the proposal (as evidenced by the FedEx receipt), but apparently the agency lost the proposal before it was evaluated. On January 31, the agency made award to five section 8(a) firms, not including PRI. After PRI informed the agency post-award that it had submitted a proposal, the agency searched for PRI's proposal and has been unable to locate it. The contracting officer asserts that, prior to the instance here,

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