La Playa, Inc- dba LPI Technical Services (N6449825R30420005)
Case: B-423379
Agency: Department of the Navy : Naval Surface Warfare Center
Protester: La Playa, Inc- dba LPI Technical Services
Date: 2025-06-12
Denied
B-423379
Jun 12, 2025
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Highlights
La Playa, Inc. of Virginia, doing business as LPI Technical Services (LPI), a small business located in Chesapeake, Virginia, protests the exclusion of its proposal from consideration for award under request for proposals (RFP) No. N6449825R3042, issued by the Department of the Navy, Naval Surface Warfare Center, for engineering and technical services and deliverables. The protester contends that the agency should have considered its late proposal because the delay in submission was due to a system failure of the agency's web-based tool designated for electronic submission of proposals.
We deny the protest.
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Decision
Matter of: La Playa, Inc. of Virginia- d/b/a LPI Technical Services
File: B-423379
Date: June 12, 2025
Paul Hawkins, Esq., J. Bradley Reaves, Esq., and Jacob D. Noe, Esq., Reaves GovCon Group, for the protester.
James Stellabotte, Esq., Department of the Navy, for the agency.
Heather Weiner, 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 to reject the protester’s proposal as late is denied where the proposal was not timely received by the agency in a manner consistent with the terms of the solicitation and there is no evidence of systemic failure of the web-based tool authorized for electronic submission of proposals.
DECISION
La Playa, Inc. of Virginia, doing business as LPI Technical Services (LPI), a small business located in Chesapeake, Virginia, protests the exclusion of its proposal from consideration for award under request for proposals (RFP) No. N6449825R3042, issued by the Department of the Navy, Naval Surface Warfare Center, for engineering and technical services and deliverables. The protester contends that the agency should have considered its late proposal because the delay in submission was due to a system failure of the agency’s web-based tool designated for electronic submission of proposals.
We deny the protest.
BACKGROUND
The Navy issued the solicitation on December 23, 2024, to holders of the Navy’s Seaport Next Generation (NxG) multiple-award, indefinite-delivery, indefinite-quantity (IDIQ) contract, pursuant to the procedures of Federal Acquisition Regulation (FAR) part 16. Agency Report (AR), attach. 1, RFP at 5.[1] The solicitation sought proposals to provide engineering and technical services and deliverables for cargo and weapons handling and stowage systems, as well as aircraft launch and recovery systems. Id. at 5, 8; Contracting Officer’s Statement and Memorandum of Law (COS/MOL) at 2. The RFP, issued as a small business set-aside, contemplated the issuance of a cost-plus-fixed-fee task order with a 1-year base period and four 1-year option periods. RFP at 5.
The solicitation required proposals to be submitted electronically through the SeaPort-NxG portal. Id. at 95. Proposals were due by 5:00 p.m. Eastern Daylight Time (EDT) on February 14, 2025.[2] Id. at 2; COS/MOL at 3. As relevant here, the RFP provided that, “in order to be considered for award,” “[p]roposals shall be submitted through the SeaPort-NxG portal by the solicitation closing date and time.” RFP at 95. The solicitation specified that “[i]t is not permissible to upload a link to an internet-based data center (e.g. Google cloud or Dropbox),” but that offerors “shall submit all required proposal information as files uploaded directly in the SeaPort-NxG portal.” Id. The RFP cautioned that, “[i]n the rare event the portal is down or inaccessible, [the] Offeror shall immediately notify the cognizant Contracting Officer for the solicitation via email prior to the solicitation closing date and time.” Id. In this regard, the solicitation also required that the offeror “contact the SeaPort-NxG helpdesk to register a help ticket that the portal is down or inoperable prior to the closing time and date.” Id. In addition, the RFP explained that in the event “of a portal malfunction, arrangements must be made with the Contracting Officer cognizant for the solicitation prior to the solicitation closing date and time in order to submit a proposal electronically outside the portal” and that “[f]ailure to submit a complete proposal prior to the solicitation closing date and time will render the proposal late and unacceptable.” Id.
In addition, the solicitation also incorporated by reference FAR provision 52.215-1, Instructions to Offerors–Competitive Acquisition, which provided instructions for proposal submissions. Id. at 91.
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