Immersive Concepts, LLC (FDA-22-SOL-1231488)

B-420530 Apr 13, 2022 Jump To VIEW DECISION DOWNLOADS RELATED PAGES GAO CONTACTS Highlights VERSA Integrated Solutions, Inc., an 8(a) small business of Beltsville, Maryland, protests the rejection of its proposal as late under request for proposals (RFP) No. FDA-22-SOL-1231488, issued by Department of Health and Human Services, Food and Drug Administration, for audio and visual support services. The protester contends the agency lacked a reasonable basis for rejecting 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 redacted version has been approved for public release. Decision Matter of: VERSA Integrated Solutions, Inc. File: B-420530 Date: April 13, 2022 Richard L. Moorhouse, Esq., and Aaron M. Levin, Esq., Greenberg Traurig LLP, for the protester. William Shim, Esq., and Pamela Waldron, Esq., Department of Health and Human Services, for the agency. Jacob M. Talcott, Esq., and Jennifer D. Westfall-McGrail, 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 timely received by the agency in a manner consistent with the terms of the solicitation. DECISION VERSA Integrated Solutions, Inc., an 8(a) small business of Beltsville, Maryland, protests the rejection of its proposal as late under request for proposals (RFP) No. FDA‑22-SOL-1231488, issued by Department of Health and Human Services, Food and Drug Administration, for audio and visual support services. The protester contends the agency lacked a reasonable basis for rejecting its proposal. We deny the protest. BACKGROUND On October 21, 2021, the agency issued the RFP as a set-aside for 8(a) small businesses in accordance with the procedures of Federal Acquisition Regulation (FAR) parts 12 and 15.[1] Agency Report (AR), Tab 1.3, RFP amend. 2 at 2; AR, Tab 5, Contracting Officer’s Statement (COS) at 1.[2] The RFP anticipated the award of a single indefinite-delivery, indefinite-quantity contract with five 1-year ordering periods. RFP at 15. The RFP provided for the submission of proposals in two parts. Id. at 86. Part one submissions were to consist of the offeror’s corporate experience and technical approach concept paper; part two submissions were to consist of the offeror’s technical approach, management approach, past performance, and price. Id. at 86‑87. The agency would evaluate part one submissions first, and then send a notification to offerors who submitted a timely proposal, advising them as to whether the agency recommended that they submit a proposal for part two. Id. As relevant here, part one proposals were to be submitted electronically via email to the contract specialist (at a specified email address) with a courtesy copy, “cc:” to the contracting officer (at another specified email address). Id. The deadline for part one proposals was 12:00 p.m. Eastern Standard Time (EST) on November 12, 2021. Id. The solicitation incorporated by reference FAR provision 52.212-1 (Instructions to Offerors--Commercial Items). Id. at 58. Subsection (f) of this provision provides in relevant part as follows: (2)(i) Any offer, modification, revision, or withdrawal of an 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 provision 52.212-1(f)(2)(i)(A)-(B). The contract specialist and the contracting officer received twenty proposals by the November 12 deadline for receipt of proposals; Versa’s proposal was not included in this group. COS at 1, 3. The evaluation period for part one proposals concluded on January 24, 2022, and the agency sent advisory notifications to the twenty offerors on January 26. Id. On February 8, a representative from Versa emailed the contracting officer and requested an update on its proposal for part one as Versa had yet to receive an advisory notification. AR, Tab 2.1, Versa Feb. 8 Email to Contracting Officer at 1. The contracting officer informed Versa the agency had not received its submission for part one.