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B-401434 1 (2009-07-24)

handle is hein.gao/gaobadaxx0001 and id is 1 raw text is: 




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


             D   ..
          Decision


          Matter of:  Lakeshore Engineering Services

          File:       B-401434

          Date:       July 24, 2009

          Sarah C. Arnold for the protester.
          Lori W.L. Chang, Esq., Department of the Navy, for the agency.
          Cherie J. Owen, Esq., and Ralph 0. White, Esq., Office of the General Counsel, GAO,
          participated in the preparation of this decision.
          DIGEST

          In a negotiated procurement that required offerors to submit a portion of cost/price
          proposals electronically, agency's elimination of proposal from the competitive
          range is reasonable where the record shows that the protester electronically sent,
          but the agency did not receive, a portion of the protester's cost/price proposal.
          DECISION

          Lakeshore Engineering Services of Detroit, Michigan, protests the Department of the
          Navy's exclusion of its proposal from the competitive range under request for
          proposals (RFP) No. N62742-09-R-1170, Global Multiple Award Construction
          Contract (GMAC) for new construction, repair, demolition, and renovations at
          various locations worldwide.

          We deny the protest.

          BACKGROUND

          The Naval Facilities Engineering Command, Pacific issued the RFP on March 5, 2009,
          seeking proposals to provide new construction, repair, demolition, and renovations
          under the GMAC indefinite-delivery indefinite-quantity contract. The RFP instructed
          offerors to submit their proposals in two parts, and provided two different dates and
          means of submission. Agency Report (AR) at 2. Offerors were to submit technical
          proposals and parts 1-9 of the cost/price proposals by April 21. However, the RFP
          specified that part 10 of the cost/price proposal was to be submitted electronically,
          by May 8 at 3 p.m., to the e-mail address provided in the amendment. AR, Tab 2, RFP
          amend. 10 at 3. The RFP incorporated by reference Federal Acquisition Regulation

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