B-298759, Symetrics Industries, LLC, October 16, 2006

B-298759 Oct 16, 2006 Jump To VIEW DECISION DOWNLOADS RELATED PAGES GAO CONTACTS Highlights 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. View Decision B-298759, Symetrics Industries, LLC, October 16, 2006 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 sect. 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) sect.] 52.215-1, Instructions to Offerors-Competitive Acquisition and will not be considered. If a final proposal revision is not received by the cut-off date, the offeror's current offer, reflecting any clarifications or revisions to date, will be evaluated as the final proposal revision. Protest, attach. A. FAR sect. 52.215-1(c)(3) in relevant part provides: (3) Submission, modification, revision, and withdrawal of proposals. (i) Offerors are responsible for submitting proposals, and any modifications or revisions, so as to reach the Government office designated in the solicitation by the time specified in the solicitation. If no time is specified in the solicitation, the time for receipt is 4:30 p.m., local time, for the designated Government office on the date that proposal or revision is due. (ii)(A) Any proposal, modification, or revision received at the Government office designated in the solicitation after the exact time specified for receipt of offers is –late— and will not be considered unless it is received before award is made, the Contracting Officer determines that accepting the late offer would not unduly delay the acquisition; and-- (1) If it was transmitted through an electronic commerce method authorized by the solicitation, it was received at the initial point of entry to the Government infrastructure not later than 5:00 p.m. one working day prior to the date specified for receipt of proposals; or (2) There is acceptable evidence to establish that it was received at the Government installation designated for receipt of offers and was under the Government's control prior to the time set for receipt of offers; or (3) It is the only proposal received. (B) However, a late modification of an otherwise successful proposal that makes its terms more favorable to the Government, will be considered at any time it is received and may be accepted. On August 23, 2006, Symetrics transmitted its FPR electronically to the contracting officer's e-mail address.[1] At 2:58 p.m., the president of Symetrics phoned the contracting officer to notify her that Symetrics had submitted its FPR. Protest, Symetrics' President's Affidavit. The contracting officer received the e-mail while on the phone with Symetrics' president and told him that it was received at 3:01 p.m, according to her computer. The e'mail, according to the contracting officer's computer, showed the e-mail message forwarding the FPR was sent at 2:54 p.m.Agency Report, attach. 2, Declaration of Contracting Officer. Symetrics' computer mail server records evidence that at 14:55:42 p.m. Symetrics commenced transmission, at 14:55:44 p.m. the intended recipient was identified and located, at 14:58:30 p.m.