GSI Construction, Inc. (FA4417-20-R-0004)

B-418967 Oct 28, 2020 Jump To VIEW DECISION DOWNLOADS RELATED PAGES GAO CONTACTS Highlights GSI Construction Corporation, Inc. (GSI), a service-disabled veteran-owned small business (SDVOSB) of Pace, Florida, protests the decision of the Department of the Air Force to exclude its proposal from award consideration under request for proposals (RFP) No. FA441720R0004 for construction services at Hurlburt Field, Florida. GSI argues that it submitted a timely proposal and the Air Force acted unreasonably by failing to consider it. We deny the protest. View Decision Decision Matter of:  GSI Construction Corporation, Inc. File:  B-418967 Date:  October 29, 2020 Joshua Owens for the protester. Colonel Patricia S. Wiegman‑Lenz, Major Laura B. Bauza, Michael J. Farr, Esq., and Stephen Edward See, Esq., Department of the Air Force, for the agency. Raymond Richards, Esq., and Laura Eyester, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST Protest that the agency unreasonably failed to consider protester’s proposal is denied where the protester did not to submit its proposal in accordance with the solicitation’s instructions. DECISION   GSI Construction Corporation, Inc. (GSI), a service‑disabled veteran‑owned small business (SDVOSB) of Pace, Florida, protests the decision of the Department of the Air Force to exclude its proposal from award consideration under request for proposals (RFP) No. FA441720R0004 for construction services at Hurlburt Field, Florida.  GSI argues that it submitted a timely proposal and the Air Force acted unreasonably by failing to consider it. We deny the protest. BACKGROUND On June 18, 2020, the Air Force issued the RFP as an SDVOSB set‑aside using the procedures of Federal Acquisition Regulation (FAR) part 15, seeking proposals for construction services to enclose three open‑air structural bays in an existing maintenance and watercraft storage building for the U.S. Special Operations Forces, Special Tactics and Training Squadron, at Hurlburt Field, Florida.  Agency Report (AR), Tab 4, RFP at 1, 5.  The RFP contemplated award to the offeror whose proposal represented the best value to the government.  RFP at 61‑62.  Proposals were due by 2:00 p.m. local time on July 21.  Id. at 1.   The RFP provided that the agency would only accept electronic proposals, and that proposals be submitted in one of three ways.  Id. at 47.  As relevant here, the RFP stated: Contractors may submit proposals electronically to the Government via the DoD SAFE [Department of Defense secure access file exchange (DOD SAFE)] site (https://safe. apps.mil/).  If submitting via DoD SAFE site, the offeror shall send an email requesting an “Electronic Drop Authorization” to personnel listed below no later than (NLT) 48 hours prior to the proposal due date/time.  All documents submitted must be saved in .pdf format, and shall follow the instructions in [the solicitation]. . . . Submission of proposals through DoD SAFE site shall be addressed to the following: [Contracting Officer], Email:  [contracting officer]@us.af.mil [Contract Specialist], Email:  [contract specialist]@us.af.mil Id.  In addition, offerors could submit their proposals by hand-carrying disks containing the proposal in electronic format or mailing the disks to Hurlburt Field, Florida.  Id.  The Air Force received six requests for electronic drop authorizations to submit proposals via DOD SAFE, including a request from GSI.  AR, Tab 5, Drop Link Requests at 1‑7; AR, Tab 6, GSI Drop Link Request.  The agency sent an electronic drop authorization link to GSI on July 16.  AR, Tab 7, GSI Drop Link.  On July 21, the contract specialist requested confirmation that the link was received, and later that day, GSI confirmed receipt of the DOD SAFE electronic drop authorization link.  AR, Tab 8, Confirmation Request; AR, Tab 9, GSI Confirmation at 1. When files are placed in DOD SAFE, the recipient is notified via an automated message stating the name and email address of the individual that has “dropped off” the files.  See AR, Tab 10, DOD SAFE Notifications.  The Air Force received four notifications via DOD SAFE that files had been dropped off by the due date and time for proposal submission.  AR, Tab 1, Contracting Officer’s Statement (COS) at 4; AR, Tab 10, DOD SAFE Notifications at 1‑10.  Neither the contracting officer nor contract specialist received an automated message notification that GSI dropped off a proposal or documents to DOD SAFE.  COS at 4; see AR, Tab 10, DOD SAFE Notifications.