Advanced Decisions Vectors, Inc.

B-412307 Jan 11, 2016 Jump To VIEW DECISION DOWNLOADS RELATED PAGES GAO CONTACTS Highlights Advanced Decisions Vectors, Inc. (ADV), a small, disadvantaged business located in Alexandria, Virginia, protests the Department of Homeland Security's (DHS) decision not to consider its quotation pursuant to request for quotations (RFQ) No. HSHQDC-15-00358, issued by DHS for interagency security compliance support services. ADV disputes DHS' determination that ADV failed to submit its quotation to the proper email address identified in the solicitation. We deny the protest. We deny the protest. View Decision DOCUMENT FOR PUBLIC RELEASE The decision issued on the date below was subject to a GAO Protective Order. This redacted version has been approved for public release. Decision Matter of:      Advanced Decisions Vectors, Inc. File:                B-412307 Date:              January 11, 2016 Devon E. Hewitt, Esq., and Matthew C. Glover, Esq., Protorae Law PLLC, for the protester. Paul B. Oman, Esq., Department of Homeland Security, for the agency. Noah B. Bleicher, Esq., and Nora K. Adkins, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST Protest challenging agency’s decision not to consider vendor’s quotation is denied where the quotation was not timely received by the agency in a manner consistent with the terms of the solicitation. DECISION Advanced Decisions Vectors, Inc. (ADV), a small, disadvantaged business located in Alexandria, Virginia, protests the Department of Homeland Security’s (DHS) decision not to consider its quotation pursuant to request for quotations (RFQ) No. HSHQDC-15-00358, issued by DHS for interagency security compliance support services.  ADV disputes DHS’ determination that ADV failed to submit its quotation to the proper email address identified in the solicitation. We deny the protest. BACKGROUND DHS issued the RFQ via the General Services Administration’s (GSA) e-Buy system on August 24, 2015, under the procedures of Federal Acquisition Regulation (FAR) subpart 8.4 to vendors holding contracts under GSA Federal Supply Schedule (FSS) No. 874, mission oriented business integrated services (MOBIS).[1] RFQ at 1.  The RFQ, issued as a competitive section 8(a) set-aside, anticipated the issuance of a primarily fixed-price task order for a base year and four 1-year option periods for analytical, statistical, consulting, and program management services to support DHS’s Interagency Security Committee’s outreach and compliance program.[2]  Id. at 1, 10, 15.  Pursuant to the RFQ, the task order would be issued to the vendor whose quotation represented the best value to the agency.  RFQ Memorandum at 3. The agency posted with the RFQ a memorandum that contained detailed instructions for the preparation and submission of quotations; the memorandum also identified the evaluation criteria and basis for award.  Of relevance here, the memorandum required that quotations be submitted electronically directly to the DHS contract specialist--at her email address provided in the memorandum--no later than 10:00 a.m. Eastern Standard Time (EST), on September 8, 2015.  Id. at 1.  The memorandum further cautioned that “[q]uotations not received by the time and date specified and in the manner specified herein will be considered non‑responsive and eliminated from further consideration.”  Id.  The agency reiterated--for a third time--that “[t]o be considered timely, electronic copies of the quotation submission must be received at the specified email address no later than 10:00 AM EST on September 08, 2015.  The Government will confirm receipt of your submission via email reply.”  Id. (underline removed).  Notably, the RFQ did not instruct vendors to submit quotations via GSA’s e-Buy portal.  In addition, the RFQ incorporated by reference the late submission provisions of FAR clause 52.212-1, which provides that “[o]fferors are responsible for submitting offers . . . so as to reach the Government office designated in the solicitation by the time specified in the solicitation.”  RFQ at 1; FAR clause 52.212-1(f).  The provision further provides as follows:  Any offer . . . 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--  (A) 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.