Goins Construction LLC (36C25024B0016)

B-422695 Sep 20, 2024 Jump To VIEW DECISION DOWNLOADS RELATED PAGES GAO CONTACTS Highlights Goins Construction LLC, a service-disabled veteran-owned small business (SDVOSB) of Ozark, Missouri, protests the Department of Veterans Affairs' (VA) determination that Goins failed to submit a timely bid in response to invitation for bids (IFB) No. 36C25024B0016 to provide certain construction services. Goins asserts that the agency's determination in this regard was improper. We dismiss the protest View Decision Decision Matter of: Goins Construction LLC File: B-422695 Date: September 20, 2024 Corey Goins for the protester. Deborah K. Morrell, Esq., Department of Veterans Affairs, for the agency. Hannah G. Barnes, Esq., Glenn G. Wolcott, Esq., and Christina Sklarew, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST Protest challenging agency's rejection of its bid is not timely filed where protester failed to diligently pursue the information on which its protest is based. DECISION Goins Construction LLC, a service-disabled veteran-owned small business (SDVOSB) of Ozark, Missouri, protests the Department of Veterans Affairs' (VA) determination that Goins failed to submit a timely bid in response to invitation for bids (IFB) No. 36C25024B0016 to provide certain construction services. Goins asserts that the agency's determination in this regard was improper. We dismiss the protest. BACKGROUND On April 19, 2024, the agency issued the IFB as an SDVOSB set-aside, seeking bids to perform roof repair services. Agency Report (AR), Tab 3, IFB at 1.[1] As amended, the IFB provided that a public bid opening would occur at “1:00 pm Local Time” on May 23 at the VA's “Network Contracting Office (NCO) 10, 2780 Airport Drive, Suite 340, Columbus, Ohio.”[2] AR, Tab 3b, IFB amend. 2 at 1. Goins asserts that, on May 20, it provided its bid to the United States Postal Service (USPS) in Nixa, Missouri to be delivered to the agency via USPS's overnight delivery service. Protest at 2. On May 21, the agency posted a notice on the SAM.gov website[3] to inform bidders that, in addition to attending bid opening in person, “Interested Contractors may call into the bid opening [using Microsoft Teams].” AR, Tab 6, Special Notice at 2. The bid opening occurred, as scheduled, at 1 p.m. on May 23. The agency states that it received eight timely bids at the designated location--but did not receive a bid from Goins. Contracting Officer's Statement (COS) at 2. The agency also notes that, although both virtual and inperson attendance were permitted, Goins did not attend the bid opening either in person or virtually.[4] Id. On June 12, the agency posted a bid abstract on the SAM.gov website, listing the eight bids it received. On June 13, Goins emailed the agency, alleging that it had submitted a bid that was lower than those listed, and maintaining that it should have been awarded the contract. In response, the agency advised Goins that it had not received its bid. Thereafter, Goins provided a USPS tracking document indicating that a package from Goins was delivered on May 21 “In/At Mailbox” in “Columbus, Ohio,” without providing any more specific address.[5] However, the tracking document also states: “Your item was returned to the sender on May 21, 2024 . . . because of an incorrect address.”[6] Protest at 27. Subsequent USPS tracking documentation further shows that, on June 16 (three days after the agency advised Goins it had not received its bid) the tracked package was received at the USPS's regional facility in Detroit Michigan and that, on June 28 (more than a month after bid opening), the package was “Delivered, [to] Front Desk/Reception/Mail Room” in Columbus, Ohio. AR, Tab 2, USPS Tracking Document at 1. Consistent with the tracking documentation, the agency states that it “received notification from the VA Columbus Community Nursing Group, located in the same suite with NCO 10, that they received a bid package that was delivered to Suite 340 on [June 28].” COS at 3. The agency adds that “[t]here was no date/time stamp or any proof of prior delivery/receipts on the bid envelope received on June 28.” Id. Following various communications between Goins and the agency, the agency concluded that there was insufficient evidence to accept Goins's assertion that its proposal had been timely submitted to, and received by the agency at, the designated bid opening location; accordingly, the agency concluded the bid could not be accepted. Id. at 3-4. Goins filed this protest on June 25.[7] DECISION Goins asserts that it transmitted its bid to the USPS on May 20 (three days before the May 23 closing date), maintaining that it was properly addressed to the VA bid opening site, and maintains that some “unknown staff member” at the VA improperly returned the package. Protest at 2.