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B-207660.2 1 (1982-10-28)

handle is hein.gao/gaobadkrt0001 and id is 1 raw text is: THFE4-03MPTROLLER GENJE;AL C~~~ ZZ C'-0 I 3Ir. Q0r U P1I IT E E3TATE B S WASHINGTON,.0. C. 205419 LIT9 FILE: B-207660.2 DATE: October 28, 1982 MATTER OF: Burroughs Corporation--Reconsideration DIGEST: Prior decision denying protest is affirmed because protester has failed to establish decision was based on erroneous interpre- tation of fact or law. Burroughs Corporation (Burroughs) requests reconsideration of our decision in the matter of Burroughs Corporation, B-207660, June 23, 1982, 82-1 CPD 622, in which we summarily denied Burroughs' protest against the rejection by the Automatic Data Processing Selection Office (ADPSO), Department of the Navy, of its late technical proposal for group III in negotiated solicitation No. N66032-81-R-0022. For the following reasons, we affirm our prior decision. In its initial protest to our Office, Burroughs maintained that its proposal should not have been rejected. Burroughs argued that, while it initially overlooked the fact that the proposal was required to be submitted by May 3, it submitted the technical proposal to the contract- ing agency as soon as it became aware of the requirement on May 4. We summarily denied Burroughs' protest without obtaining an agency report since it was clear from the record that the protest was without legal merit. Pacific Coast Welding & Machine, Inc., B-205874, January 15, 1982, 82-1 CPD 36. The' reason cited by Burroughs as its basis for submitting the late proposal was not within the exceptions provided by the Late Proposals clause in the solicita- tion. Our Office has held that an offeror is responsible for the delivery of its proposal to the proper place at the proper time. See Advance Business Service, Inc., B-204940, October 28, 1981, 81-2 CPD 359. Exceptions to the rule may be permitted only in the exact circumstances provided in the Late Proposals clause. Burroughs disagrees with our position that its protest did not require an agency report. Burroughs contends that summary denial is inappropriate when there is a fundamental issue of interpretation against a history of prior deal- ings. Burroughs believes that our decision incorrectly

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