Integrated Business Solutions, Inc., B-292239, July 9, 2003

B-292239 Jul 09, 2003 Jump To VIEW DECISION RELATED PAGES GAO CONTACTS Highlights IBS's initial proposal was one of four that NSF included in the competitive range. The agency issued a letter informing the four offerors that their final technical and cost/price submissions were due at 10:30 a.m. on March 13. Attached to the letter was a list of questions that each offeror might consider during preparation of its FPR. Also attached was an amendment that delayed the period of performance by 4-1/2 months. The e-mail informed NSF that IBS's FPR was en route. Advised the deliverer that the submission was late. That IBS's FPR was timely because the RFP did not prohibit electronic submissions. Electronic commerce or facsimile) are permitted in the solicitation. 94-1 CPD Para. 115 at 4 (facsimile best and final offer (BAFO) was properly rejected where RFP did not provide authorization for facsimile submissions). View Decision Integrated Bus. Solutions, Inc., B-292239, July 9, 2003 DIGEST Attorneys DECISION Integrated Business Solutions, Inc. (IBS) protests the rejection of its proposal under solicitation No. CPO-0200006, issued by the National Science Foundation (NSF) for facilities management services. IBS contends that the agency improperly rejected its final proposal revision (FPR) as late. Additionally, IBS contends that, after rejecting the FPR, the agency improperly failed to consider IBS's initial proposal. We deny the protest. IBS's initial proposal was one of four that NSF included in the competitive range. NSF conducted discussions with the four competitive range offerors; discussions with IBS took place on March 4, 2003. On March 10, the agency issued a letter informing the four offerors that their final technical and cost/price submissions were due at 10:30 a.m. on March 13. Attached to the letter was a list of questions that each offeror might consider during preparation of its FPR. Also attached was an amendment that delayed the period of performance by 4-1/2 months. The letter instructed offerors that they could submit an FPR or confirm their initial proposal. At 10:26 a.m. on March 13, NSF received an e-mail from an employee of Federal Management Systems, Inc. (FMS), a proposed subcontractor to IBS. The e-mail informed NSF that IBS's FPR was en route, and requested a 1-hour extension to the time set for receipt of FPRs. At 10:30 a.m., NSF received an e-mail from IBS containing the technical proposal portion of the FPR. At 10:32 a.m., NSF received another e-mail with the cost portion of the FPR. At 11:11 a.m., NSF received a hand-delivered FPR from IBS. According to the agency, the contracting officer received the FPR, but advised the deliverer that the submission was late. IBS asserts that the deliverer then informed the contracting officer that IBS had applied for an extension to the FPR deadline. Further, according to IBS, the deliverer orally confirmed IBS's initial proposal and instructed NSF to consider IBS's initial proposal in the event that NSF denied the extension. NSF disputes IBS's account of these events. By letter dated March 20, NSF informed IBS that it had rejected IBS's FPR as late, and that NSF would not consider IBS's initial proposal. On March 28 IBS filed an agency-level protest with NSF. IBS argued that NSF improperly refused to consider IBS's initial proposal, and that IBS's FPR was timely because the RFP did not prohibit electronic submissions. On April 17, NSF denied IBS's protest. On April 28, IBS filed this protest with our Office. Rejection of IBS's FPR IBS first protests NSF's rejection of its electronically submitted FPR, arguing that the RFP did not prohibit submission of offers by e-mail or other electronic methods. As a general matter, offerors may use any transmission method authorized by the solicitation. Federal Acquisition Regulation (FAR) Sec. 15.208(a). Here, the RFP incorporated by reference FAR Sec. 52.215-1, which provides in pertinent part as follows: "Unless other methods (e.g., electronic commerce or facsimile) are permitted in the solicitation, proposals and modifications to proposals shall be submitted in paper media . . . ." FAR Sec. 52.215-1(c)(1). The solicitation nowhere authorized the use of electronic methods of submission, and in fact clearly contemplated submission in paper form. See RFP Sec. A2 (listing the mailing address for offers and instructions for hand delivery). Accordingly, since the RFP did not authorize submission of offers by e-mail or other electronic methods, NSF properly rejected IBS's electronically submitted FPR. See Environmental Control Div., Inc., B-255181, Feb. 16, 1994, 94-1 CPD Para. 115 at 4 (facsimile best and final offer (BAFO) was properly rejected where RFP did not provide authorization for facsimile submissions); G.D. Searle & Co., B-247077, Apr. 30, 1992, 92-1 CPD Para.