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B-270107 1 (1996-01-24)

handle is hein.gao/gaocrptadwk0001 and id is 1 raw text is: Comptroller General of the United States Washington, D.C. 20548 Decision Matter of: Cyber Digital, Inc. File: B-270107 Date: January 24, 1996 J. C. Chatpar for the protester. Michael W. Clancy, Esq., for GTE Government Systems Corporation, an interested party. Michael Briskin, Esq., Defense Logistics Agency, for the agency. Behn Miller, Esq., and Christine S. Melody, Esq., Office of the General Counsel, participated in the preparation of the decision. DIGEST 1. Agency properly rejected facsimile best and final offer as late where offeror failed to allow a reasonable time for timely receipt by the agency. 2. Where entire best and final offer (BAFO) was not received until after announced deadline, agency was not required to consider that portion of the BAFO received before the deadline (8 of 19 total pages) since it did not constitute the entire offer and did not convey protester's full commitment to the solicitation's requirements. 3. Where agency properly eliminated protester from further consideration due to negative past performance record, protester is not an interested party to challenge agency's evaluation of its initial price proposal. 4. Protest that awardee's prices are materially unbalanced is dismissed where even if this protest ground were sustained, another offeror would be in line for award instead of the protester. DECISION Cyber Digital, Inc. protests the award of a contract to GTE Government Systems Corporation under request for proposals (RFP) No. SP4700-95-R-0006, issued by the Defense Logistics Agency (DLA) for the installation and maintenance of a telephone system to serve four Defense Contract Management Offices located in the states of Florida, Georgia, and Alabama. Cyber Digital contends that DLA improperly rejected its best and final offer (BAFO) as late, and that the agency misevaluated its initial price proposal. Cyber Digital also contends that GTE's proposed pricing is materially unbalanced. 350122

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