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B-297853 1 (2006-03-21)

handle is hein.gao/gaocrptasny0001 and id is 1 raw text is: 



A         G    A    O                                                Comptroller General
.       Accountability * Integrity * Reliability                      of the United States
United States Government Accountability Office
Washington, DC 20548



          Decision


          Matter of: The Castle Group

          File:       B-297853

          Date:       March 21, 2006

          Jason S. Schloss for the protester.
          Diane A. Perone, Esq., Agency for International Development, for the agency.
          Paul E. Jordan, Esq., and John M. Melody, Esq., Office of the General Counsel, GAO,
          participated in the preparation of the decision.
          DIGEST

          Agency properly declined to accept protester's late proposal where there is no
          evidence that improper government action was cause of U.S. Postal Service's failure
          to make timely delivery.
          DECISION

          The Castle Group, agent for Medex Tianjin Latex Group, protests the Agency for
          International Development's (USAID) rejection of its proposal as late under request
          for proposals (RFP) No. M-OAA-GH-06-063, for latex condoms.

          We deny the protest.

          The RFP informed offerors to submit their proposals by the closing date and time--
          January 3, 2006, at 11:00 a.m.--to the following mailing address: [Ms. Z], Contracting
          Officer, Office Of Acquisition And Assistance, M/OAA/GH, Rm. 7.09-086, 1300
          Pennsylvania Avenue, N.W., Washington, DC 20523-7900. RFP § L.9. The first page
          of the RFP (Standard Form 33), as well as the RFP's cover letter indicated that the
          first line of the address was to be U.S. Agency for International Development. The
          RFP also incorporated Federal Acquisition Regulation (FAR) § 52.215-1, which
          provides that late proposals generally will not be considered for award if they do not
          reach the designated government office by the time specified in the solicitation.

          Castle used the U.S. Postal Service's (USPS) on-line Click-N-Ship® program to
          prepare an Express Mail shipping label, and addressed its proposal as follows:
          [Ms. Z], OFC OF ACQUISITION & ASSISTANCE, M/OAA/GH, RM 7 09-086,1300
          PENNSYLVANIA AVE NW, WASHINGTON DC 20004-3002. Castle knew that it had

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