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B-297853 1 (2006-03-21)

handle is hein.gao/gaobaczlp0001 and id is 1 raw text is: 

  I

         G    A    0Comptroller General
L LA   Accountability * Integrity * Reliability                    of the United States
United States Government Accountability Office
Washington, DC 20548


             D  ..
         Decision


         Matter of:  The Castle Group

         File:       B-297853

         Date:       March 21, 2006

         Jason S. Schloss for the protester.
         Diane A. Perone, Esq., Agency for International Development, for the agency.
         Paul E. Jordan, Esq., and John M. Melody, Esq., Office of the General Counsel, GAO,
         participated in the preparation of the decision.
         DIGEST

         Agency properly declined to accept protester's late proposal where there is no
         evidence that improper government action was cause of U.S. Postal Service's failure
         to make timely delivery.
         DECISION

         The Castle Group, agent for Medex Tianjin Latex Group, protests the Agency for
         International Development's (USAID) rejection of its proposal as late under request
         for proposals (RFP) No. M-OAA-GH-06-063, for latex condoms.

         We  deny the protest.

         The RFP informed offerors to submit their proposals by the closing date and time--
         January 3, 2006, at 11:00 a.m.--to the following mailing address: [Ms. Z], Contracting
         Officer, Office Of Acquisition And Assistance, M/OAA/GH, Rm. 7.09-086, 1300
         Pennsylvania Avenue, N.W., Washington, DC 20523-7900. RFP § L.9. The first page
         of the RFP (Standard Form 33), as well as the RFP's cover letter indicated that the
         first line of the address was to be U.S. Agency for International Development. The
         RFP  also incorporated Federal Acquisition Regulation (FAR) § 52.215-1, which
         provides that late proposals generally will not be considered for award if they do not
         reach the designated government office by the time specified in the solicitation.

         Castle used the U.S. Postal Service's (USPS) on-line Click-N-Shipo program to
         prepare an Express Mail shipping label, and addressed its proposal as follows:
         [Ms. Z], OFC OF ACQUISITION & ASSISTANCE, M/OAA/GH,  RM  7 09-086,1300
         PENNSYLVANIA   AVE  NW, WASHINGTON DC 20004-3002.   Castle knew that it had

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