Protest Against Acceptance of Competitor's Late Proposal

A company protested against the solicitation and acceptance of proposals for video and sound recording tapes and digital cassettes by the Federal Supply Service from two manufacturers after the closing date for receipt of proposals. A preaward survey was requested of the manufacturer to be used by the protester and its facilities in order to verify the protester's statements. The plant facilities report stated that the cassettes were the same, except that the protester's was of lower quality and concluded that the protester was capable of performing under the solicitation. Two manufacturers of cassettes, including the one surveyed, submitted late proposals. The General Services Administration (GSA) stated that the products offered by the protester and the two manufacturers were identical and that in the event negotiations were reopened only one contract would be awarded. The "only proposal exception" cannot be applied to the late proposals. GSA had already received a timely proposal for the product by the closing date. Thus, proposals for the "identical" product submitted after the closing date could hardly be considered the only proposal received. The proposals must be rejected as late. The consideration in applying the late proposal rules is the maintenance of confidence in the integrity of the Government procurement system rather than the possible advantage to be gained in a particular procurement. The protest was sustained.