GGear

B-413216 Aug 15, 2016 Jump To VIEW DECISION DOWNLOADS RELATED PAGES GAO CONTACTS Highlights GGear, a small business of Jamaica, New York, protests the rejection of its proposal by the Department of Defense, Defense Logistics Agency (DLA), under request for proposals (RFP) No. SPE1C1-16-R-0033 for moisture wicking T-shirts. GGear argues that its proposal was improperly rejected as late for reasons primarily due to the agency's fault. We deny the protest. We deny the protest. View Decision Decision Matter of:  GGear File:  B-413216 Date:  August 15, 2016 Anthony Arias, for the protester. Michael D. McPeak, Esq., Defense Logistics Agency, for the agency. Charmaine A. Stevenson, Esq., and Laura Eyester, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST Protest challenging the agency’s rejection of the protester’s proposal as late is denied where the late receipt of the proposal was not caused by the agency and the paramount cause for late delivery was the protester’s failure to follow the delivery instructions in the solicitation. DECISION GGear, a small business of Jamaica, New York, protests the rejection of its proposal by the Department of Defense, Defense Logistics Agency (DLA), under request for proposals (RFP) No. SPE1C1-16-R-0033 for moisture wicking T-shirts.  GGear argues that its proposal was improperly rejected as late for reasons primarily due to the agency’s fault.  We deny the protest. BACKGROUND DLA issued the solicitation on April 21, 2016, seeking various sizes and colors of moisture wicking T-shirts.  RFP at 9.  The solicitation set forth instructions for offerors to follow when submitting proposals.  Specifically, proposals could be mailed, or hand carried to DLA Troop Support as follows: > Address and Deliver “hand carried” offers, including delivery by commercial carrier, to: DLA Troop Support Business Opportunities Office Bldg. 36, 2nd Floor, Wing E 700 Robbins Avenue Philadelphia, PA 19111-5092 Solicitation Number: SPE1C1-16-R-0033 Opening/Closing Date and Time: April 21, 2016 / May 24, 2016@3:00 PM, Philadelphia, PA time Id. at 4.  The solicitation further stated: Notes:  1.  All hand carried offers are to be delivered to the Business Opportunities Office between 8:00 a.m. and 5:00 p.m., Monday through Friday, except for legal federal holidays as set forth in 5 USC 6103.  Offerors using a commercial carrier service must ensure that the carrier service ‘hand carries’ the package to the Business Opportunities Office specified above for hand carried offers prior to the scheduled opening/closing time…. 2. Examples of ‘hand carried’ offers include: In-person delivery by contractor, Fed Ex, Airborne, UPS, DHL, Emery, other commercial carrier, USPS Express Mail, and USPS Certified Mail. Id. at 4-5.  The solicitation also incorporated by reference Federal Acquisition Regulation (FAR) clause 52.212-1, Instructions to Offerors--Commercial Items, which provides that late proposals generally will not be considered for award if they do not reach the designated government office by the time specified in the solicitation.[1]  Id. at 40, 65.  The agency issued one amendment to the solicitation, which reiterated that the closing date and time remained at “3:00 PM, Local Time, May 24, 2016.”  RFP, Amend. 01, at 5.  On the day proposals were due, GGear placed a series of calls to the contracting officer and contract specialist beginning at 9:58 a.m.[2]  Protest at 3-6; AR, Tab 10, GGear Phone Records, at 2-7; see also AR, Tab 12, Protester Response to Agency Motion to Dismiss, at 1-2; AR, Tab 18, GGear Statement, June 29, 2016, at 1.  At 3:09 p.m. and 3:47 p.m., the contracting officer received voicemails from representatives of GGear regarding its attempts to hand deliver its proposal.[3]  Combined Contracting Officer Statement of Facts and Memorandum of Law (COSF/MOL) at 3; AR, Tab 3, Decl. of Contracting Officer, at 1.  The contracting officer, who was working outside of the office that day, returned the call and advised GGear that any proposals received after 3:00 p.m. would be considered late.  Id.  At 3:27 p.m., GGear sent an email to the contracting officer and contract specialist and stated that it had been trying to get in contact with them all morning and that although it was after 3 p.m., they hoped something could be worked out as far as submitting their proposal.  AR, Tab 6, GGear Email, May 24, 2016, at 1.    On May 26, the DLA Troop Support Business Opportunities Office received a FedEx package with GGear’s proposal.  AR, Tab 7, FedEx Shipping Record.  FedEx tracking information indicates that the package was shipped on May 25.  Id.