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B-400349,B-400349.2 1 (2008-10-16)

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         G     A     O                                                 Comptroller General
       Accountability * Integrity * Reliability                         of the United States
United States General Accounting Office
Washington, DC 20548


              D  ..
          Decision


          Matter  of:  Optelec U.S., Inc.

          File:        B-400349; B-400349.2

          Date:        October 16, 2008

          Robert E. Korroch, Esq., and Francis E. Purcell, Esq., Williams Mullen, for the
          protester.
          Maura C. Brown, Esq., Department of Veterans Affairs, for the agency.
          Mary G. Curcio, Esq., and John M. Melody, Esq., Office of the General Counsel, GAO,
          participated in the preparation of the decision.
          DIGEST

          Protest that failure to submit timely response to solicitation resulted from agency's
          failure to provide timely notice of solicitation is denied where agency advised
          protester that solicitation would be posted on FedBizOpps website, and protester
          then failed to avail itself of all reasonable means to view solicitation when it was
          posted.
          DECISION

          Optelec U.S., Inc. protests the rejection of its proposal as late under request for
          proposals (RFP) No. VA-797-08-RP-0002, issued by the Department of Veterans
          Affairs (VA) for closed-circuit electronic magnification devices (CCTV). Optelec
          asserts that its offer was late solely because VA improperly failed to provide it with
          timely notice of the solicitation.

          We deny the protest.

          The solicitation was posted on the FedBizOpps website on May 29, 2008, with a
          closing time of 4:00 p.m. on June 30. Offerors were required to submit technical and
          price proposals, and product samples. Agency Report (AR) at 4, 5. Optelec
          submitted its proposal via e-mail at 4:39 p.m. on June 30, followed by product

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