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B-414216.2 1 (2017-05-18)

handle is hein.gao/gaobadtju0001 and id is 1 raw text is: GAOU.S. GOVERNMENT ACCOUNTABILITY OFFICE 441 G St. N.W. Comptroller General Washington, DC 20548 of the United States Decision Matter of: Western Star Hospital Authority, Inc. File: B-414216.2 Date: May 18, 2017 Michael Johnson, Sr., Johnson & Associates, PC, for the protester. Wade L. Brown, Esq., Department of the Army, for the agency. Frank Maguire, Esq., and Jennifer D. Westfall-McGrail, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST Protest that agency unreasonably found protester's proposal to be late is denied where the electronically transmitted proposal was not received by the agency prior to the time designated for the receipt of proposals. DECISION Western Star Hospital Authority, Inc. (Western Star), of Atlanta, Georgia, protests the elimination of its proposal from the competition as late under request for proposals (RFP) No. W25G1 V-1 7-R-0001, issued by the Department of the Army, for emergency medical services at the Tobyhanna Army Depot in Tobyhanna, Pennsylvania. The protester asserts that it submitted a timely proposal that was delayed en route by malfunction of the agency's email server. We deny the protest. BACKGROUND The RFP, as amended, required offerors to submit proposals no later than 4:00 p.m., EST, on January 30, 2017, to the contracting officer's (CO) email address. See AR, Tab 2, RFP, at 7; RFP Amend. No. 3 at 2. Further, the RFP incorporated Federal Acquisition Regulation (FAR) clause 52.212-1 (f)(2) which provides that any offer, modification, revision, or withdrawal of an offer received at the Government office designated in the solicitation after the exact time specified for receipt of offers is 'late' and will not be considered, with exceptions not pertinent here.

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