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Onsite OHS, B-406449, May 30, 2012

  • By GCPC GovCon Legal Team
  • June 20, 2012
  • Solicitation RequirementsTimely Proposal Submission

Link: GAO Decision

Protestor: Onsite OHS

Agency: Department of Energy

Disposition: Protest Denied.

_____________________________________________________________________________________________________

GAO Digest:

Protester’s contention that the agency improperly failed to consider its proposal is denied where the agency did not receive the proposal due to the protester’s misuse of the FedConnect web portal specified as the method of submission for proposals under the solicitation.

General Counsel PC Highlight:

Onsite OHS protested the failure of the Department of Energy, National Nuclear Security Administration to evaluate its proposal for operational emergency medical support and training services. Offerors were to submit their proposals through the FedConnect web portal. Onsite submitted both an initial and a revised proposal through FedConnect’s message center, rather than through the response center, which would have generated a confirmation email.

The GAO disagreed with Onsite OHS’s argument that its proposal was properly submitted in accordance with the RFP because it was submitted “through the FedConnect System.” The GAO agreed with the agency’s assertion that Onsite OHS’s failure to investigate the proper use of the FedConnect system was at its own peril.

It is an offeror’s responsibility to ensure that its proposal is delivered to the proper place at the proper time, and through the method required in the solicitation. The agency has no obligation to seek out improperly submitted proposals. Failure to submit a proposal properly will result in no consideration during the evaluation process.

 

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