Protest of Contract Award

The response to a request for quotations (RFQ) and award to another firm was protested. The contracting agency issued a RFQ to three small business concerns, all previously producers for the procurement of items for a missile system. Two written price quotations were received by the date price quotations were due. A representative of the protesting firm called the procuring agency and submitted a verbal offer. The quoted price was accepted and logged on the appropriate forms as a late bid received. The protester was told that the quote was late and would be treated as such. The quote was subsequently rejected. The record contained the "telecon quote" which indicated only that the quote would be treated as late, not that it would be rejected. Although the protest was considered timely, it was denied because circumstances did not support any findings that the contracting officer's actions were founded upon fraud or intentional misconduct.