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B-403464,B-403464.2 1 (2010-10-06)

handle is hein.gao/gaobadbmo0001 and id is 1 raw text is: G A O Comptroller General Aco uniability - Integrity Reliability of the United States United States Government Accountability Office Washington, DC 20548 D .. Decision Matter of: U.S. Aerospace, Inc. File: B-403464, B-403464.2 Date: October 6, 2010 John C. Kirkland, Esq., Luce, Forward, Hamilton & Scripps, LLP, for the protester. Col. Mark S. Teskey, Lt. Col. Won K. Lee, Sharon A. Jenks, Esq., and Ross W. Branstetter, Esq., Department of the Air Force, for the agency. Glenn G. Wolcott, Esq., Cherie J. Owen, Esq., and Sharon L. Larkin, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST 1. Agency reasonably concluded that protester's proposal was received after the established closing time where agency's conclusion is supported by contemporaneous email from protester's representative and telephone records, and protester's messenger did not dispute the stated time of receipt at the time the proposal was submitted. 2. The delay accompanying admission of protester's messenger to a secure military facility, and the alleged misdirection by the facility's entry gate guards, were not the paramount cause of protester's late submission of its proposal where protester's messenger did not attempt to enter the facility at the gate designated for entry of non-military visitors, did not seek advance entry approval, and failed to determine the location of, and directions to, the building designated for proposal submission. 3. Protester's proposal was not under government control prior to the time set for receipt of proposals where protester's messenger did not relinquish physical custody of the proposal until after the proposal submission deadline. DECISION U.S. Aerospace, Inc. (USAI), of Santa Fe Springs, California, protests the Department of the Air Force's rejection of the proposal USAI submitted in response to request for proposals (RFP) No. FA8625-10-R-6600 for the KC-X tanker

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