Blue Glacier Management Group, Inc.

B-412897 Jun 30, 2016 Jump To VIEW DECISION DOWNLOADS RELATED PAGES GAO CONTACTS Highlights Blue Glacier Management Group, Inc., of Arlington, Virginia, a small business, protests the decision of the Department of the Treasury, Office of the Comptroller of the Currency (OCC) not to consider its quotation under request for quotations (RFQ) No. CC16HQQ0004, issued by the OCC for cybersecurity defense center services. Blue Glacier contends that it submitted a timely quotation that the agency improperly rejected. 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:  Blue Glacier Management Group, Inc. File:  B-412897 Date:  June 30, 2016 Lori Ann Lange, Esq., and Mark R. Berry, Esq., Peckar & Abramson, PC, for the protester. Scott M. McCaleb, Esq., Tracye Winfrey Howard, Esq., and Nina S. Rustgi, Esq., Wiley Rein LLP, for VariQ Corp., the intervenor. William J. Erle, Esq., and Patricia S. Grady, Esq., Department of the Treasury, for the agency. Katherine I. Riback, Esq., Heather Weiner, Esq., and Jennifer D. Westfall-McGrail, 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 received at the specified location prior to the time set for receipt of quotations.  DECISION Blue Glacier Management Group, Inc., of Arlington, Virginia, a small business, protests the decision of the Department of the Treasury, Office of the Comptroller of the Currency (OCC) not to consider its quotation under request for quotations (RFQ) No. CC16HQQ0004, issued by the OCC for cybersecurity defense center services.  Blue Glacier contends that it submitted a timely quotation that the agency improperly rejected.  We deny the protest. BACKGROUND The OCC issued the RFQ on October 7, 2015, as a small business set-aside, under the procedures of Federal Acquisition Regulation (FAR) subpart 8.4 to vendors holding contracts under the General Services Administration’s (GSA) Federal Supply Schedule (FSS) No. 70, information technology.  RFQ, amend. No. 1, at 1.  The RFQ anticipated the issuance of a fixed-priced task order for a base year and four 1-year options.  Id.  Pursuant to the RFQ, the task order would be issued to the vendor whose quotation represented the best value to the agency.  RFQ at 54.  The RFQ contained detailed instructions for the preparation and submission of quotations, as well as the evaluation criteria and basis for award.  As relevant here, the amended solicitation required that quotations be submitted electronically to CDCServices@occ.treas.gov no later than 2:00 p.m. Eastern Standard Time (EST) on November 9.  RFQ, amend. No. 1, at 12.  The solicitation cautioned that “[q]uotations received after the submission date and time may not be considered for award.”  RFQ at 42; RFQ, amend. No. 1, at 12.  The solicitation also noted: It is the responsibility of the Quoter to ensure that its complete quotation package has been received by the OCC prior to the delivery deadline.  Please note that the attachment size limit is 25MB per email.  Emails with larger attachments may not reach the email inbox. RFQ at 43 (emphasis in the original).  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 40; 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. one working day prior to the date specified for receipt of offers; or (B) 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 . . .