Comspace Corporation, B-281067, November 30, 1998

B-281067 Nov 30, 1998 Jump To VIEW DECISION RELATED PAGES GAO CONTACTS Highlights Where the proposal was delivered to the government installation prior to closing time. Reached the proposal opening room late because it was routed by routine mail processing through the designated addressee. That any proposal received at the office designated in the solicitation after the exact time specified for receipt of proposals will not be considered unless it is received before award is made and. If it was sent by U.S. Was forwarded to the Commodities Application Group for delivery to the person designated as the addressee on the mailing label. After the contract was awarded to Sonetronics Inc. on September 9. The contracting officer notified Comspace that its proposal was received late and was not considered for award. View Decision Matter of: Comspace Corporation File: B-281067 Date: November 30, 1998 DIGEST Attorneys DECISION Comspace Corporation protests the rejection of its proposal as late by the Defense Logistics Agency (DLA) under request for proposals (RFP) No. SPO970-97-R-X113, issued by the Defense Supply Center Columbus (DSCC), a DLA field activity, for certain dynamic microphones. We deny the protest. The RFP required that sealed offers be submitted by 1 p.m. on Monday, September 15, 1997, and that offers be addressed to: DEFENSE SUPPLY CENTER COLUMBUS ATTN: DSCC-PBAA (Bid Opening RM B130, Bldg 20) 3990 E. BROAD STREET, P.O. BOX 16653 COLUMBUS, OHIO 43216-5009 On Friday, September 12, Comspace mailed its proposal by United States Postal Service Express Mail-Post Office to Addressee, in a package addressed as follows: DSCC-ATTN: DSCC-PCCCGHX-V. Savory 3990 E. Broad St.-POB 16704 Columbus, Ohio 43216-5010 --------------------------- Sol. SPO970-97-R-X113 due 9/15/97 - Microphone, Dynamic The RFP at section L incorporated by reference Federal Acquisition Regulation (FAR) clauses 52.215-9 (July 1995) and 52.215-10 (Aug. 1996). FAR clause 52.215-9 advises, among other things, that proposals must be submitted in sealed envelopes or packages addressed to the office specified in the solicitation, showing the time and date specified for receipt. Clause 52.215-10 provides, among other things, that any proposal received at the office designated in the solicitation after the exact time specified for receipt of proposals will not be considered unless it is received before award is made and, if it was sent by U.S. Postal Service Express Mail Next Day Service-Post Office to Addressee, not later than 5 p.m. at the place of mailing 2 working days prior to the date specified for receipt of proposals. Comspace's proposal arrived in the DSCC mailroom at 8:30 a.m. on September 15, and was forwarded to the Commodities Application Group for delivery to the person designated as the addressee on the mailing label. Consequently, the proposal did not arrive in the bid opening room before the 1 p.m. deadline. After the contract was awarded to Sonetronics Inc. on September 9, 1998, the contracting officer notified Comspace that its proposal was received late and was not considered for award, and this protest followed. /1/ An offeror has the responsibility to assure timely arrival of its proposal and must bear the responsibility for its late arrival unless a specific exception permitting the consideration of a late proposal is met. Hubbs-Sea World Research Inst., B-210579, Mar. 1, 1983, 83-1 CPD Para. 193 at 2. As provided in the instant RFP, a late proposal may be considered under appropriate circumstances if it was sent by express mail not later than 2 working days before the closing date for receipt of proposals. A late proposal may also be considered if it is determined that late receipt was due solely to government mishandling after timely receipt at the government installation. In determining whether that standard is met, we consider whether the offeror significantly contributed to the late delivery by not acting reasonably in fulfilling its own responsibility to submit its proposal in a timely manner. Secure Applications, Inc., B-261885, Oct. 26, 1995, 95-2 CPD Para. 190 at 2-3. Here, because Comspace's proposal was mailed only 1 working day before the closing date, on the Friday preceding the Monday on which it was due, it does not fall under the 2 working day express mail exception. Comspace's proposal also does not fall within the government mishandling exception because Comspace's own actions substantially contributed to the late arrival of its proposal at the designated location. Comspace failed to indicate the time specified in the RFP for receipt or to address its proposal package to the bid opening room, as required by the RFP; instead, Comspace misaddressed the proposal to an inappropriate individual.