Protest of Bid Rejection for Lateness

A company protested the rejection of its bid for lateness under a request for proposals (RFP) issued by the Department of the Interior. The company contended that there was no legal basis for the rejection of its offer since the late offer clause contained in the RFP did not apply to a negotiated solicitation by a civilian agency. The agency stated that it had inadvertently sent an outdated late offer clause instead of the revised clause, which is specifically applicable to the receipt of late proposals in all negotiated procurements. However, GAO found that the applicability of the late offer clause was not relevant, since the solicitation adequately advised offerors that proposals must be received by the specified time in order to be considered for award. Therefore, GAO held that the company's hand-carried proposal, not received until after the specified time, was properly rejected as late. The company also alleged that the awardee did not have the equipment to fulfill the RFP requirement. GAO found this allegation to be unreasonable, since the agency found the awardee's proposal acceptable under an evaluation scheme containing 70 points for technical factors, including 20 points for facilities. Further, the company's allegation amounted to a questioning of the awardee's status as a responsible bidder, which is a matter not subject to review by GAO except in limited circumstances. Accordingly, the protest was denied in part and dismissed in part.