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B-280405 1 (1998-08-24)

handle is hein.gao/gaocrptahvi0001 and id is 1 raw text is: oComptroller General of the United States Washington, D.C. 20548 Decision Matter of: Caddell Construction Company, hie. File: B-280405 Date: August 24, 1998 Timothy Sullivan, Esq., and Katherine S. Nucci, Esq., Adduci, Mastriani & Schaumberg, for the protester. Edward P. Meyerson, Esq., and Stanley W. Logan, Esq., Berkowitz, Lefkovits, Isom & Kushner, and Laurence Schor, Esq., McManus, Schor, Asmar & Darden, for Bill Harbert Construction Company, an intervenor. Carlton A. Arnold, Esq., and Robert W. Pessolano, Esq., Department of the Army, for the agency. Adam Vodraska, Esq., and James A. Spangenberg, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST Contracting agency reasonably rejected hand-carried proposal as late where a preponderance of the evidence establishes that the protester did not deliver the proposal to the designated location prior to the time set for closing. DECISION Caddell Construction Company, Inc. protests the rejection of its proposal as late under request for proposals (RFP) No. DACA27-98-R-0020, issued by the U.S. Army Corps of Engineers, Louisville District, for construction of the 3rd Brigade Barracks Complex, Phase III, at Fort Campbell, Kentucky.1 We deny the protest. BACKGROUND The RFP required offerors to submit their original proposals, and the requisite number of copies, to Room 821 of the Corps of Engineers offices at 600 Dr. Martin Luther King, Jr. Place (the Federal Building), Louisville, Kentucky, no later than 4:30 p.m. local time, April 21, 1998. RFP at A-i, L-7. The solicitation included the full text of the late proposal provision of the standard Instructions to Offerors-- Competitive Acquisition (Oct 1997), Federal Acquisition Regulation (FAR) § 52.215-1(c)(3). RFP at L-3. 1This decision is made under our express option procedures, 4 C.F.R. § 21.10 (1998).

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