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AL
G A 0 Comptroller General
Acc untabiity * Integrity * Reliability of the United States
United States Government Accountability Office
Washington, DC 20548
Decision
Matter of: ERC Inc.
File: B-405563
Date: November 18, 2011
Lawrence M. Prosen, K&L Gates, LLP, for the protester.
Michael J. Farr, Esq., Department of the Air Force, for the agency.
Charles W. Morrow, Esq., and James A. Spangenberg, Esq., Office of the General
Counsel, GAO, participated in the preparation of the decision.
DIGEST
Agency properly rejected proposal as late where the actions of the driver for the
commercial carrier delivering the proposal rather than any Government action were
the paramount reason for the late submission.
DECISION
ERC, Inc., of Huntsville, Alabama, protests the rejection of its proposal, as late,
under request for proposals (RFP) No. FA8721-10-R-0002, issued by the United States
Air Force, for engineering and technology acquisition support services.
We deny the protest.
As finally amended, the RFP set the time for receipt of proposals as 12 p.m., Eastern
Standard Time, August 8, 2011. The RFP instructed offerors to submit proposals to
the following address: Enterprise Acquisition Division (ESC/CAA) c/o [identified
contract specialist], 20 Schilling Circle Bldg 1305, 3' Floor, Hanscom AFB [Air Force
Base], MA 01731. RFP amend. 2 at 1. In section L.2.10, the RFP stated that
[p]roposals shall be addressed to the CO [contracting officer] and mailed to this
address. See RFP § J, attach. 2, at 7. The RFP incorporated by reference FAR
§ 52.215-01, which provided, among other things, that proposals received at the
Government office designated in the solicitation after the exact time specified for
receipt of offers are late and will not be considered, except in certain
circumstances not applicable here. FAR § 52.215-01(c)(3)(ii)(A).
On August 3, ERC sent the following electronic message to the Air Force contract
specialist:](ViewImageLocal?handle=hein.gao/gaobadoji0001&div=1&collection=&method=preview&ext=.png&size=3)