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B-294610 1 (2004-09-30)

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



           Decision


           Matter of: InfoGroup Inc.

           File:       B-294610

           Date:       September 30, 2004

           A. Dewey Jordan for the protester.
           R.T. Baumann III, Esq., Stanley Feldman, Esq., and John Donaldson, Esq., National
           Highway Traffic Safety Administration, for the agency.
           Peter D. Verchinski, Esq., and John M. Melody, Esq., Office of the General Counsel,
           GAO, participated in the preparation of the decision.
           DIGEST

           Agency properly rejected protester's proposal as late where record shows that
           protester's failure to include room number on package--not improper government
           action--was cause of commercial carrier's inability to make timely delivery.
           DECISION

           InfoGroup, Inc. protests the rejection of its proposal as late under request for
           proposals (RFP) No. DTNH22-04-05091, issued by the National Highway Traffic
           Safety Administration (NHTSA), U.S. Department of Transportation (DOT), for
           traffic injury control evaluation and behavioral technology support.

           We deny the protest.

           The solicitation informed offerors that proposals were to be received at DOT at the
           designated place--400 Seventh Street, SW, Room 5301, Washington D.C. 20590--by the
           designated time, Monday, August 16, 2004, at 2 p.m. The solicitation did not include
           any other directions pertaining to the manner of proposal delivery, and incorporated
           Federal Acquisition Regulation § 52.215-1, which states that late proposals generally
           will not be considered for award.

           InfoGroup sent its proposal by a commercial carrier, FedEx, for overnight delivery
           on Thursday, August 12. InfoGroup included the street address on the package
           mailing label and also provided additional information, such as the contracting
           officer's name and telephone number, but did not include the room number.

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