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A G A O Comptroller General
. Accountability * Integrity * Reliability of the United States
United States Government Accountability Office
Washington, DC 20548
Decision
Matter of: Symetrics Industries, LLC
File: B-298759
Date: October 16, 2006
Edward J. Kinberg, Esq., Kinberg & Associates, LLC, for the protester.
Maj. Kevin Wilkinson, Department of the Air Force, for the agency.
Nora K. Doolin, Esq., and James Spangenberg, Esq., Office of the General Counsel,
GAO, participated in the preparation of the decision.
DIGEST
A proposal revision submitted to the contracting officer's e-mail address as provided
for by the agency but after the deadline established for receipt of proposal revisions
cannot be accepted under Federal Acquisition Regulation § 52.215-1(c)(3)--which
states the circumstances where late proposals or proposal revisions can be
considered--even though the proposal revision was received prior to the deadline by
the government server at the initial point of entry that serviced the e-mail address.
DECISION
Symetrics Industries, LLC protests the rejection of its final proposal revision (FPR)
as late under request for proposals (RFP) No. FA8523-06-R-80414, issued by the
Department of the Air Force to acquire AN/ALE-47 Countermeasures Dispensing
System.
We deny the protest.
After initial proposals were received and evaluated and discussions conducted, on
August 18, 2006, the Air Force issued a request for FPR to the competitive range
offerors that pointed to various items that should be reviewed before the FPRs were
submitted and provided that the FPRs could be transmitted electronically by sending
them to the e-mail address of the contracting officer. This request also stated:
The final proposal revision must be received in this office no later than
3:00 PM EST, 23 August 2006. A revision received after this time will
be considered a late revision or modification in accordance with RFP
Provision, [Federal Acquisition Regulation (FAR) § ] 52.215-1,](ViewImageLocal?handle=hein.gao/gaocrptasrw0001&div=1&collection=&method=preview&ext=.png&size=3)