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B-291056 1 (2002-10-31)

handle is hein.gao/gaocrptaohu0001 and id is 1 raw text is: G A 0 Comptroller General Accountability * Integrity* Reliability of the United States United States General Accounting Office Washington, DC 20548 Decision Matter of: Sea Box, Inc. File: B-291056 Date: October 31, 2002 James J. McCullough, Esq., and Steven A. Alerding, Esq., Fried, Frank, Harris, Shriver & Jacobson, for the protester. Vera Meza, Esq., and Capt. Gary Bilski, U.S. Army Materiel Command, for the agency. Scott H. Riback, Esq., and John M. Melody, 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 proposal was submitted electronically, and was not received at the initial point of entry to the government infrastructure by 5:00 p.m. 1 working day prior to the deadline for submitting proposals; the exception that permits consideration of late proposals that are received at the government installation, and under the government's control, prior to the deadline for submitting proposals, is inapplicable to proposals submitted electronically. DECISION Sea Box, Inc. protests the rejection of its proposal as late under request for proposals (RFP) No. DAAE07-02-R-S104, issued by the U.S. Army Materiel Command (AMC) for a quantity of container roll-in/out platforms. We deny the protest. The RFP required offerors to submit proposals by 1:00 p.m. local time, July 15, 2002, in an electronic format, and provided that they could be delivered either by hand (for example, on floppy discs or CD ROMS) or by electronic means such as e-mail or datafax. In the case of e-mail submissions, offerors were to submit proposals to a specified e-mail address. The RFP specifically referred to Federal Acquisition Regulation (FAR) § 52-215-1, Instructions to Offerors, and, in particular directed offerors' attention to paragraph (c) (3) of that provision, which in relevant part provides:

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