Cla-Val Company (N64498-20-R-4001)

B-418443 May 13, 2020 Jump To VIEW DECISION DOWNLOADS RELATED PAGES GAO CONTACTS Highlights Griswold Industries, Co., doing business as Cla-Val Company, a small business of Costa Mesa, California, protests the rejection of its proposal by the Department of the Navy, Naval Surface Warfare Command (NSWC), under request for proposals (RFP) No. N64498-20-R-4001 for motor-operated pilot valves. The protester contends that the agency unreasonably rejected its proposal as late. We deny the protest. View Decision Decision Matter of:  Cla-Val Company File:  B-418443 Date:  May 13, 2020 Jeff R. Vogel, Esq., Cozen O’Connor, for the protester. Howard B. Rein, Esq., Department of the Navy, for the agency. Katherine I. Riback, Esq., and Evan C. Williams, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST Protest that agency improperly rejected protester’s hand-carried proposal as late is denied where the record does not establish that the protester’s proposal was under government control prior to the deadline for receipt of proposals established in the solicitation. DECISION   Griswold Industries, Co., doing business as Cla-Val Company, a small business of Costa Mesa, California, protests the rejection of its proposal by the Department of the Navy, Naval Surface Warfare Command (NSWC), under request for proposals (RFP) No. N64498-20-R-4001 for motor-operated pilot valves.  The protester contends that the agency unreasonably rejected its proposal as late.  We deny the protest. BACKGROUND The solicitation, issued on December 4, 2019, contemplated the award of a single indefinite-delivery, indefinite-quantity (IDIQ) contract in accordance with Federal Acquisition Regulation (FAR) part 15.  Agency Report (AR), Encl. 1, RFP at 1, 120, 124.  The RFP provided for the issuance of delivery orders under the IDIQ for a period of 60 months after the date of award.  Id. at 98. The RFP established the deadline for receipt of proposals as 3:00 p.m., January 6, 2020.  Id. at 1.  The RFP here, in two places, identified two distinct addresses for the receipt of proposals.  Id. at 1, 114.  The RFP expressly barred the use of email to submit proposals.  Id. at 114. In its first mention of an address, the RFP stated that “Sealed offers in original and 3 copies for furnishing the supplies or services in the Schedule will be received at the place specified in Item 8, or if hand-carried, in the depository located [on the second floor of the building].”  Id. at 1.  Item 8 referred offerors to item 7, where the address was specified as:  NAVAL SURFACE WARFARE CENTER PHILA CODE 0231, [JANE DOE] 215-897-2941, [JANE DOE]@NAVY.MIL 5001 SOUTH BROAD STREET PHILADELPHIA PA 19112 RFP, Standard Form (SF) 33 at 1 (as in original).  In its second mention of an address, the RFP directed that proposals that “are to be delivered by mail,” should be sent to the following address: Naval Surface Warfare Center Philadelphia ATTN: [Jane Doe], Code 0231, Bldg. 4 1601 Langley Avenue, Building 542 Philadelphia, PA 19112.  RFP § L.2.2 at 114 (as in original).  For ease of reference, the first address designated for the “receipt” of proposals, or for hand-delivered proposals, will be referred to as the “Broad Street” address.  The address designated for proposals delivered by mail will be referred to as the “Langley Avenue” address.  The solicitation incorporated by reference FAR provision 52.215-1, Instructions to Offerors-Competitive Acquisition (JAN 2017), which provides in relevant part: (3)  Submission, modification, revision, and withdrawal of proposals.  (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-   [. . .] (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; [. . .] (iii)  Acceptable evidence to establish the time of receipt at the Government installation includes the time/date stamp of that installation on the proposal wrapper, other documentary evidence of receipt maintained by the installation, or oral testimony or statements of Government personnel. FAR provision 52.215-1(c)(3); RFP at 119. Cla-Val arranged for the delivery of its proposal by Federal Express (FedEx) to the Langley Avenue address (i.e., the address specified for mailed proposals).  Protest at 2; RFP § L.2.2. at 114.