[Protest of USDA Rejection of Proposal]

A firm protested the Department of Agriculture's rejection of its late proposal on the ground that it should not be penalized for delays caused by the U.S. Postal Service. GAO stated that, since the protest was not filed within 10 working days after notification of rejection by the agency, it was untimely. Furthermore, the standard late bid clause in Federal solicitations permits consideration of late proposals sent by mail if it is determined that the late receipt was due solely to mishandling by the Government after receipt at the Government installation, or if the proposal was sent by registered or certified mail not later than 5 calendar days prior to the date specified for the receipt of offers. Receipt by the Postal Service is not receipt at the Government installation and Express mail is not the equivalent of registered or certified mail. Therefore, the proposal appeared to have been properly rejected. Accordingly, the protest was dismissed.