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B-402410 1 (2010-02-25)

handle is hein.gao/gaobadbey0001 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:  Latvian Connection Trading and Construction, LLC

          File:        B-402410

          Date:        February 25, 2010

          Victor A. Kubli, Esq., Kubli & Associates, P.C., for the protester.
          Maj. William J. Nelson, Department of the Army, for the agency.
          John L. Formica, Esq., and Sharon L. Larkin, Esq., Office of the General Counsel,
          GAO, participated in the preparation of the decision.
          DIGEST

          Agency's award of a contract to an offeror other than the protester is
          unobjectionable where the record reflects that the protester electronically sent, but
          the agency did not receive, the protester's proposal by the due date for receipt of
          proposals.
          DECISION

          Latvian Connection Trading and Construction, LLC, of Healdsburg, California,
          protests the award of a contract under request for proposals (RFP) No. W91B4K-10-
          R-0001, issued by the Department of the Army, for generators.

          We deny the protest.

          The RFP was  issued for the provision of generators to the Fenty Forward Operating
          Base in Afghanistan. The solicitation provided for the award of a fixed-price
          contract to the offeror submitting the lowest priced, technically acceptable proposal.
          RFP at 3-11, 24. The RFP, which had a closing date and time of November 12, 2009,
          at 1 p.m. eastern standard time, provided that proposals could be submitted either
          electronically or in hard copy. Id. at 1, 21. The solicitation cautioned offerors that
          they were responsible for submitting offers, and any modifications, revisions, or
          withdrawals, so as to reach the Government office designated in the solicitation by
          the time specified in the solicitation. Id. at 16. The RFP added, in relevant part, that
          [a]ny offer, modification, revision, or withdrawal of an offer received at the
          Government  office designated in the solicitation after the exact time specified for
          receipt of offers [will be] 'late' and will not be considered. Id. at 17.

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