Spanish Solutions Language Services (HQ003419P0255)

B-418191 Jan 02, 2020 Jump To VIEW DECISION DOWNLOADS RELATED PAGES GAO CONTACTS Highlights Spanish Solutions Language Services, LLC, a small business of North Miami, Florida, protests the award of a contract to Human Touch Translations under request for proposals (RFP) No. HQ0034-19-R-0355, which was issued by the Department of Defense (DoD), Washington Headquarters Services, for translation services. Spanish Solutions argues that its proposal was not late and that the agency unreasonably found its proposal technically unacceptable. View Decision Decision Matter of:  Spanish Solutions Language Services, LLC File:  B-418191 Date:  January 2, 2020 Marcela Lopez, for the protester. Michael G. Anderson, Esq., and Elizabeth E. Urrutia, Esq., Department of Defense, Washington Headquarters Services, for the agency. Andrew J. Smith, Esq., and Amy B. Pereira, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST Proposal received after the submission deadline was late and therefore ineligible for consideration where the request for proposals included the late submission provision set forth in Federal Acquisition Regulation provision 52.212-1(f)(2)(i).  DECISION Spanish Solutions Language Services, LLC, a small business of North Miami, Florida, protests the award of a contract to Human Touch Translations under request for proposals (RFP) No. HQ0034-19-R-0355, which was issued by the Department of Defense (DoD), Washington Headquarters Services, for translation services.  Spanish Solutions argues that its proposal was not late and that the agency unreasonably found its proposal technically unacceptable.  We deny the protest.  BACKGROUND On September 17, 2019, the Washington Headquarters Services issued the RFP pursuant to the commercial item and simplified acquisition procedures of Federal Acquisition Regulation (FAR) parts 12 and 13.  Agency Report (AR), Tab 1, RFP at 1; AR, Tab 10, Contracting Officer’s Statement (COS) at 1.  The RFP sought proposals to provide Arabic, French, and Russian translation services to support a strategic planning seminar in Northern Virginia and Washington, D.C., from October 21 to November 1.  RFP at 23-24, 27.  The RFP contemplated the award of a fixed-price contract to the offeror that submitted the lowest-priced, technically acceptable proposal, considering the following three evaluation factors: technical capability and approach, past performance, and price.  RFP at 20.  Of relevance here, the RFP included FAR provision 52.212-1, Instructions to Offerors--Commercial Items, which provided the following terms regarding late proposals:  (f)  Late submissions, modifications, revisions, and withdrawals of offers:   *  *  *  *  *   (2)(i)  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; or (C) If this solicitation is a request for proposals, it was the only proposal received.  FAR provision 52.212-1(f)(2)(i); see RFP at 17-18. Proposals were due by 11:00 a.m. on September 23.[1]  AR, Tab 7, FBO RFP Notice at 1; COS at 1.  On September 23, the contract specialist, who was identified as the primary point of contact in the RFP, received Spanish Solutions’ proposal after the 11:00 a.m. deadline for proposals.  COS at 2; AR, Tab 3, Email from Protester to Agency, Sept. 23, 2019, at 1; AR, Tab 9, Information Technology Specialist (ITS) Declaration, at 1.  Although the proposal was received after the deadline for receipt of proposals, the agency nonetheless evaluated Spanish Solutions’ proposal, finding it technically unacceptable for failing to include a final list of interpreters.[2]  COS at 3; Protester’s Response to Req. for Dismissal, exh. D, Email from Agency to Protester, Oct.