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B-310939.6 1 (2008-08-18)

handle is hein.gao/gaocrptavyo0001 and id is 1 raw text is: G A A Comptroller General of the United States United States Government Accountability Office Washington, DC 20548 Decision Matter of: Labatt Food Service, Inc. File: B-310939.6 Date: August 18, 2008 Johnathan M. Bailey, Esq., Bailey & Bailey, PC, for the protester. Dmitry Pilipis, Esq., Defense Logistics Agency, for the agency. Kenneth Kilgour, Esq., and Christine S. Melody, Esq., Office of General Counsel, GAO, participated in the preparation of the decision. DIGEST 1. Protest that the agency improperly rejected the protester's proposal due to the late acknowledgement of an amendment is denied where the solicitation stated that the deadline in the solicitation would be used to assess whether submissions were late, and the record establishes that the proposal did not meet the deadline in the solicitation. 2. Notwithstanding that each of the offerors submitted its proposal by a method not permitted by the solicitation, protest that agency was required to reject all offerors' proposals as late is denied; the protester has failed to show how it was prejudiced by the agency's failure to enforce the method of submission requirement. DECISION Labatt Food Service, Inc. protests the rejection of its proposal as late by the Defense Logistics Agency (DLA), Defense Supply Center Philadelphia (DSCP) under request for proposals (RFP) No. SPM300-06-R-0063 for food distribution services. The protester argues that its proposal was not received late by the agency, and that even if it was late, the agency should have rejected all of the proposals and cancelled the solicitation. We deny the protest.

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