Washingtonian Coach Corporation

B-413809 Dec 28, 2016 Jump To VIEW DECISION DOWNLOADS RELATED PAGES GAO CONTACTS Highlights Washingtonian Coach Corporation (WCC), of Silver Spring, Maryland, a service-disabled veteran-owned small business, protests the rejection of its proposal as late, under request for proposals (RFP) No. VA119A-16-R-0324, issued by the Department of Veterans Affairs (VA), for executive driver transportation services. WCC contends that it submitted a timely proposal that the agency improperly rejected. We deny the protest. We deny the protest. View Decision Decision Matter of:  Washingtonian Coach Corporation File:  B-413809 Date:  December 28, 2016 L. R. Hardy, Washingtonian Coach Corporation, for the protester. Aleia Barlow, Esq., and Robert Fleck, Esq., Department of Veterans Affairs, for the agency. Katherine I. Riback, Esq., and Amy B. Pereira, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST Protest challenging agency’s decision not to consider offeror’s proposal is denied where the proposal was not received at the specified locations prior to the time set for receipt of proposals. DECISION Washingtonian Coach Corporation (WCC), of Silver Spring, Maryland, a service‑disabled veteran-owned small business, protests the rejection of its proposal as late, under request for proposals (RFP) No. VA119A-16-R-0324, issued by the Department of Veterans Affairs (VA), for executive driver transportation services.  WCC contends that it submitted a timely proposal that the agency improperly rejected. We deny the protest. The VA issued the RFP on September 8, 2016, as a veteran-owned small business (VOSB) set-aside for executive driver transportation services in the National Capital Region and other geographical locations in neighboring states.[1]  RFP at 6.  The RFP anticipated the award of a labor-hour contract for a 1-year base period and four 1-year option periods.  RFP at 57 and 13-15.   The RFP included detailed instructions for the preparation and submission of proposals as well as the evaluation criteria and basis for award.  As relevant here, the solicitation required that proposals be submitted electronically and directed to the contracting officer and the contract specialist, and provided their respective email addresses.  RFP at 50.  Proposals were due by September 16, at 2 p.m.  RFP at 1.  The solicitation cautioned that “offers received after the due date/time, may not be considered.”  RFP at 50. In addition, the solicitation incorporated by reference the late submission provisions of FAR provision 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.”  RFP at 1; FAR § 52.212-1(f).  The provision further provides: 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 . . . . FAR § 52.212-1(f)(2)(i).  At 1:19:29 p.m. on September 16, the day proposals were due, WCC transmitted its proposal via email to the two VA email addresses designated for receipt of proposals.  Protest at 1.  These emails did not reach their designated VA email addresses.  Contracting Officer’s Statement at 1.  WCC said that they called the contract specialist on September 16, at 1:55 p.m., 2:01 p.m., 2:05 p.m. and 2:19 p.m., in an attempt to confirm receipt of its proposal, and received a voicemail message.  Protest at 1.  At 2:01 p.m. the protester stated that it left a message requesting that the agency acknowledge receipt of its proposal.  Id. The agency states that at 2:25 p.m. and 2:34 p.m. the contracting officer and the contract specialist both received emails from WCC requesting acknowledgement of receipt of its proposal.  Agency Report (AR), Tab 3, Email from WCC to Agency, Sept. 16, 2016 at 2:25 pm; Tab 4, Email from WCC to Agency, Sept.