SigNet Technologies, Inc.

B-417435 Jul 03, 2019 Jump To VIEW DECISION DOWNLOADS RELATED PAGES GAO CONTACTS Highlights SigNet Technologies, Inc. (SigNet), of Beltsville, Maryland, protests the rejection of its proposal by the Department of the Navy, Space and Naval Warfare Systems Command (SPAWAR), under Request for Proposals (RFP) No. N65236-18-R-0222 for electronic security system (ESS) and emergency management system (EMS) services. Based on its multiple attempts to submit its proposal, SigNet contends that the Navy should have received and considered its proposal. 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 version has been approved for public release. Decision Matter of: SigNet Technologies, Inc. File: B-417435 Date: July 3, 2019 Ira E. Hoffman, Esq., Butzel Long, PC, for the protester. David White, Esq., Department of the Navy, for the agency. Christopher Alwood, Esq., and Edward Goldstein, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST Protest that agency improperly rejected protester's proposal as late is denied where the protester's attempted submissions were not received prior to the time for receipt of initial proposals and none of the late proposal exceptions in Federal Acquisition Regulation provision 52.215-1(c)(3) are applicable. DECISION SigNet Technologies, Inc. (SigNet), of Beltsville, Maryland, protests the rejection of its proposal by the Department of the Navy, Space and Naval Warfare Systems Command (SPAWAR), under Request for Proposals (RFP) No. N65236-18-R-0222 for electronic security system (ESS) and emergency management system (EMS) services. Based on its multiple attempts to submit its proposal, SigNet contends that the Navy should have received and considered its proposal. We deny the protest. BACKGROUND The RFP, issued February 11, 2019, contemplated the award of an indefinite-quantity indefinite-delivery contract with both cost-plus-fixed-fee and fixed-price contract line items for ESS/EMS services to be provided at shore installations worldwide. Agency Report (AR), Tab 3, RFP, at 1-11. The RFP required that proposals be submitted via the SPAWAR E-Commerce Central (SPAWAR E-CC) website and specified that submissions outside of SPAWAR E-CC would not be accepted. Id. at 196. After multiple amendments, the deadline for submission of proposals was set for Mach 22, 2019 at 2:00 p.m. Eastern Daylight Time (EDT).1 Id. at 1; Combined Contracting Officer's Statement and Memorandum of Law (COS/MOL) at 4. The RFP included Federal Acquisition Regulation (FAR) provision 52.215-12, Instructions to Offerors--Competitive Acquisition (JAN 2017), which provides, in relevant part, that: (i) Offerors are responsible for submitting proposals . . . so as to reach the Government office designated in the solicitation by the time specified in the solicitation. . . . (ii) (A) Any proposal . . . 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. . . . * * * * * (iv) If an emergency or unanticipated event interrupts normal Government processes so that proposals cannot be received at the office designated for receipt of proposals by the exact time specified in the solicitation . . . the time specified for receipt of proposals will be deemed to be extended to the same time of day specified in the solicitation on the first work day on which normal government processes resume. FAR provision 52.215-1(c)(3); RFP at 182. The agency represents that on March 22, at 1:41 p.m. EDT, SigNet logged-in to the SPAWAR E-CC website. COS/MOL at 6. At 1:51 p.m. EDT (nine minutes before proposals were due), SigNet attempted to submit its proposal as a single compressed "zip"3 file through the SPAWAR E-CC website for the first time. Id. SigNet again tried to submit its proposal at 1:56 p.m. EDT and 1:59 p.m. EDT. Id. None of SigNet's three attempts to submit its proposal through the SPAWAR E-CC website were successful. Id. SigNet then attempted to submit its proposal to the contract specialist responsible for the procurement via three e-mails, with each e-mail containing a "zip" file with part of its proposal attached. Id. at 6-7.