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B-411862.2 1 (2015-11-24)

handle is hein.gao/gaobadrqe0001 and id is 1 raw text is: G A O Comptroller General Accountabilty * Integrity * Reliability of the United States United States Government Accountability Office Washington, DC 20548 Decision Matter of: Johnson Controls Government Systems, LLC File: B-411862.2 Date: November 24, 2015 David R. Johnson, Esq., Josh S. Johnson, Esq., and Jenny J. Yang, Esq., Vinson & Elkins LLP, for the protester. Gabriel D. Soil, Esq., Kevin R. Hilferty, Esq., Adam DeDent, Esq., Kimberly J. Graber, Esq., Department of Energy, for the agency. Scott H. Riback, Esq., and Tania Calhoun, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST Protest that agency improperly rejected proposal as late is denied where record shows that protester failed to follow the solicitation's instructions for submitting its proposal, and as a consequence, protester failed to relinquish control of its proposal until after the deadline for submitting proposals. DECISION Johnson Controls Government Systems, LLC, of Milwaukee, Wisconsin, protests the rejection of its proposal under request for proposals (RFP) No. DE-SOL- 0006380, issued by the Department of Energy (DOE) for personnel, facilities, equipment, materials, supplies and services in connection with performing energy savings performance contract (ESPC) projects. Johnson Controls argues that the agency improperly rejected its proposal as late. We deny the protest. The solicitation contemplates the award of multiple indefinite-delivery, indefinite- quantity (IDIQ) contracts that will be available for use by other federal agencies to issue task orders to perform ESPC projects such as the installation of energy and water conservation projects, or the acquisition of renewable energy technologies. The agency used a proposal submission web portal known as FedConnect. RFP, Amendment No. 3, at 81. FedConnect is a third-party, commercial centralized web portal where vendors seeking to conduct business with the federal government can search for contract opportunities. Vendors also can submit solicitation responses

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