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B-280984 1 (1998-12-16)

handle is hein.gao/gaocrptahxn0001 and id is 1 raw text is: 


oComptroller General
             of the United States
             Washington, D.C. 20548
             Decision




             Matter of: Valenzuela Engineering, Inc.

             File:       B-280984

             Date:       December 16, 1998

             Jerry H. Valenzuela for the protester.
             Clark J. Hulce, Esq., U.S. Army Corps of Engineers, for the agency.
             Jeanne W. Isrin, Esq., and John M. Melody, Esq., Office of the General Counsel,
             GAO, participated in the preparation of the decision.
             DIGEST

             Proposal properly was rejected as late where it was received at the designated
             location 50 minutes after the closing time, and evidence does not support
             protester's contention that it was timely delivered to the installation and then
             conveyed to the contracting officer after the closing time due to government
             mishandling.
             DECISION

             Valenzuela Engineering, Inc. (VEI) protests the rejection of its proposal as late
             under request for proposals (RFP) No. DACA05-98-R-0044, issued by the U.S. Army
             Corps of Engineers for operation and maintenance of groundwater treatment
             systems at Tooele Army Depot, Utah, and Defense Depot Ogden, Utah.

             We deny the protest.

             The RFP contemplated award of a fixed-price contract for preventive maintenance,
             calibration, servicing, corrective repairs, sampling and analysis, and engineering
             services for the groundwater treatment systems at the depots. RFP § B, at B-1.
             Hand-carried proposals were to be submitted by 11 a.m. on August 24, 1998 to the
             Plan Room, First Floor of the Army facility at 1325 J Street, Sacramento, California.
             RFP § L.3, at L-2. VEI's proposal was not received in the Plan Room until
             approximately 11:50 a.m. on August 24. The contracting officer thus rejected it as
             late.

             VEI maintains that its proposal was delivered by Federal Express to the agency
             mailroom at 10:05 a.m., which should have allowed adequate time for the proposal
             to be conveyed by agency personnel to the Plan Room by 11 a.m. VEI concludes
             that the late receipt of its proposal must have resulted from government
             mishandling, and that its proposal should be considered timely.

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