O.S. Systems, Inc., B-292827, November 17, 2003

B-292827 Nov 17, 2003 Jump To VIEW DECISION RELATED PAGES GAO CONTACTS Highlights The time set for receipt of proposals was 2 p.m. No other directions pertaining to proposal delivery were included in the RFP. The RFP stated that "offers are responsible for submitting offers. A local delivery company was to hand-carry the proposal to the designated address. That the building HQ USSOCOM is not listed on that map. Discovered that the address was located in a restricted area on the base. With keypad access only. /1/ The time was approximately 1:47 p.m. Which was in a trailer behind one of the buildings. Which was at the same address initially designated for the submission of proposals located in an unsecured area at MacDill AFB. O.S. essentially contends that the sole causes of the late delivery of the proposal were the lack of clear instructions in the RFP concerning the hand-delivery of proposals. View Decision O.S. Systems, Inc., B-292827, November 17, 2003 DIGEST Attorneys DECISION O.S. Systems, Inc. protests the rejection of its proposal as late under request for proposals No. USZA22-03-R-0035, issued by the United States Special Operations Command (USSOCOM), to acquire 100 Maritime Assault Suit Systems. We deny the protest. Under the RFP, as amended, the time set for receipt of proposals was 2 p.m., Eastern Daylight Time, August 21, 2003. As originally issued, the RFP stated, "Submit signed and dated offers to [Headquarters] USSOCOM; ATTN: SOAL-KB ([name of contracting officer]), Building 102, 2nd Floor, 2418 Florida Keys Ave; MacDill AFB [Air Force Base], FL 33621." RFP at 13. Amendment No. 0002, dated August 5, changed the delivery location to "HQ USSOCOM; ATTN: SOAL-KB ([name of contracting officer]) 7701 Tampa Point Blvd., MacDill AFB, FL 33621-5323." No other directions pertaining to proposal delivery were included in the RFP. The RFP stated that "offers are responsible for submitting offers, and any modifications, revisions, or withdrawals, so as to reach the Government Office designated in the solicitation by the time specified in the solicitation." RFP at 15. On August 20, O.S. sent its proposal by commercial carrier for overnight delivery. A local delivery company was to hand-carry the proposal to the designated address. According to the local delivery driver, he entered MacDill AFB at approximately 1:10 p.m. on August 21. The delivery driver stated that he makes regular deliveries to MacDill AFB, but mostly to the hospital; that he generally uses a map provided to him by the visitors center; and that the building HQ USSOCOM is not listed on that map. Because of this, the delivery driver stated that he first went to the hospital mailroom to drop off another delivery and then reviewed a detailed map of MacDill AFB located there in order to find the designated address to deliver the proposal. From there, he proceeded to Tampa Point Boulevard, turned into the designated roadway, and discovered that the address was located in a restricted area on the base, secured by a gate and security ramp, and with keypad access only. /1/ The time was approximately 1:47 p.m. He indicates that he exited his vehicle and tried to locate a guard or way to access the building but saw no guard or entrance way. Returning to the vehicle, the delivery driver indicates he proceeded further down the road, notified the dispatcher, and attempted to contract the contracting officer by phone at approximately 1:50 p.m. but received no answer. /2/ The driver then indicates that, after receiving instructions from a person that happened to be exiting a part of the 7701 Tampa Point Boulevard complex, he located the mailroom for 7701, which was in a trailer behind one of the buildings. He states that "[he] arrived at this mailroom right around 2:00 p.m. or just shortly thereafter," and then waited in line until a person there directed him to the contracting officer's office, which was at the same address initially designated for the submission of proposals located in an unsecured area at MacDill AFB. The driver indicates that he finally hand-delivered the package to the contracting officer at this address, and she marked it as received at 2:30 p.m. See Statement of Delivery Driver (Aug. 28, 2003); Affidavit of Delivery Driver (Oct. 15, 2003). USSOCOM rejected the proposal as late on August 26. O.S. essentially contends that the sole causes of the late delivery of the proposal were the lack of clear instructions in the RFP concerning the hand-delivery of proposals, the restricted access at the designated address, and the difficulty of locating the mailroom. O.S. argues that the government had the responsibility of providing a delivery address reasonably accessible and easy to locate to accommodate hand-carried proposals from commercial carriers. For a variety of reasons, including that no building in the complex was identified, and that the contracting officer did not maintain an office at the delivery address, O.S.