Correct Solutions, LLC (70CDCR23R00000005)

B-421533 May 31, 2023 Jump To VIEW DECISION DOWNLOADS RELATED PAGES GAO CONTACTS Highlights Correct Solutions, LLC, of Ruston, Louisiana, protests the rejection of its proposal under request for proposals (RFP) No. 70CDCR23R00000005, issued by the Department of Homeland Security (DHS), United States Immigration and Customs Enforcement (USICE), for commercial communications services for detention and removal operations nationwide. Correct argues that its proposal was improperly rejected as late. We deny the protest. View Decision DOCUMENT FOR PUBLIC RELEASE The decision issued on the date below was subject to a GAO Protective Order. No party requested redactions; we are therefore releasing the decision in its entirety. Decision Matter of: Correct Solutions, LLC File: B-421533 Date: May 31, 2023 Luke F. Piontek, Esq., and Raven A. Bourque, Esq., Roedel Parsons Blache Fontana Piontek & Pisano, for the protester. William J. Selinger, Esq., Department of Homeland Security, for the agency. Paul N. Wengert, Esq., and Tania Calhoun, 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 record shows that protester submitted its proposal to incorrect email addresses which did not reach the agency, and where protester sent a second copy to the correct email addresses after the closing time for receipt of proposals. DECISION Correct Solutions, LLC, of Ruston, Louisiana, protests the rejection of its proposal under request for proposals (RFP) No. 70CDCR23R00000005, issued by the Department of Homeland Security (DHS), United States Immigration and Customs Enforcement (USICE), for commercial communications services for detention and removal operations nationwide. Correct argues that its proposal was improperly rejected as late. We deny the protest. BACKGROUND The RFP, issued January 30, 2023, sought proposals from small businesses to provide telephone and video services for use by noncitizens at 39 USICE primary facilities for a 2‑year base period and four 2‑year option periods. Agency Report (AR), Tab 2, RFP at 2-11. The RFP was posted electronically on the sam.gov website.[1] The RFP provided for proposals to be submitted in two phases. Id. at 111-112. In phase 1, offerors were to submit a service level agreement chart, a contract transition plan/­milestone schedule, and a plan for developing, testing, operating, and maintaining the communications network. Id. at 113; AR, Tab 11, Contracting Officer’s Statement (COS) at 1. After evaluating phase 1 proposals and advising each offeror of the agency’s “recommendation to proceed or not to proceed” in the procurement, offerors could submit a phase 2 proposal, which would consist of a technical demonstration/oral presentation and a business/pricing volume. RFP at 114. Under the heading of proposal submission instructions, the RFP specified that each offeror “shall submit their Phase I proposal via email to the CS [contract specialist] with a courtesy copy to the CO [contracting officer]” by the closing time for receipt of proposals. Id. at 112. The RFP listed the name, telephone number, and an email address for the contracting officer and for the contract specialist. Id. at 111; see also id. at 2. As shown one page earlier (and on the RFP cover sheet, Standard Form 33), those email addresses were [firstname].[initial].[lastname]@ice.dhs.gov for the contracting officer, and [firstname].[lastname]@ice.dhs.gov for the contract specialist. Id. at 1-2, 111. On February 13, DHS issued amendment 1 “to update the RFQ and . . . due dates [to submit questions],” which specifically advised that the “RFQ due date changed” from March 13 to “3:00pm PST [pacific standard time] on February 28, 2023.” AR, Tab 6, RFP, amend. 1 at 2. On February 28, at around 1:40 p.m. PST, Correct emailed its phase 1 proposal to two email addresses: [firstname].[initial].[lastname]@dhs.gov (for the contracting officer) and [firstname].[lastname]3@dhs.gov (for the contract specialist). Protest exh. B, Transmittal Email from Correct Systems Administrator at 1; Protest at 2. At 3:41 p.m., Correct’s Microsoft Outlook email system provided a status message that “[d]elivery to these recipients or groups is complete, but no delivery notification was sent by the destination server.” Protest exh. D, Status Message at 1. At around 7:25 p.m. PST, Correct sent its phase 1 proposal a second time by email with the explanation: “It has come to our attention that the proposal we submitted earlier today . . . may not have reached you.” AR, Tab 8, Transmittal Email from Correct Vice President of Operations at 1. In the email, Correct also stated that the addresses in its original email were listed on the sam.gov website, but did not match the email addresses listed in the RFP. Id.