Decision released in Missile Defense Agency (MDA), Agency Information Management and Software Services (AIMSS) protest denial

File No. B-422575

Digest

Protest challenging agency’s decision to reject the protester’s proposal as late is denied where the proposal was not timely received by the agency in a manner consistent with the terms of the solicitation and there is no evidence of systemic failure of the online portal authorized for submission of proposals.

Discussion

ICS Nett contends that its proposal should be considered timely pursuant to FAR clause 52.2151(c)(3)(ii)(A)(2), which provides an exception to a late received proposal if “[t]here is acceptable evidence to establish that it was received at the [G]overnment[‘s] installation designated for receipt of [proposals] and was under the Government’s control prior to the time set for receipt of offers.” Protest at 3; Comments at 6. The protester contends that its proposal was in the government’s possession because all proposal attachments were uploaded to the PIEE Solicitation Module prior to the 5:00 p.m. deadline, and the subsequent delay in submitting a valid OTP was the result of an alleged system issue.

The agency asserts that the protester failed to submit its proposal before the submission deadline, and the contracting officer’s decision not to consider the protester’s proposal was reasonable and in accordance with FAR clause 52.2151(c)(3)(ii)(A). In this regard, the agency argues that consistent with GAO’s prior decisions, the government control exception does not apply to electronic submissions of proposals, and, under the provisions of FAR clause 52.215-1(c)(3)(ii)(A)(1), the protester’s proposal submitted after the 5:00 p.m. closing time was properly rejected as untimely. Memorandum of Law (MOL) at 5-6. We agree with the agency …

Decision

ICS Nett, Inc., a small business of Chantilly, Virginia, protests its exclusion from consideration for award under request for proposals (RFP) No. HQ0857-24-R-0001, issued by the Department of Defense, Missile Defense Agency (MDA), for agency information management and software services (AIMSS). The protester contends that the agency should have accepted its proposal because the delay in submission was due to a system failure of the agency’s online portal designated for submission of proposals.

We deny the protest.

Read the decision here.

🔊 Listen to Story