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The protester does not dispute that the packages containing its proposals were delivered to the agency by UPS after the solicitation deadline, but raises two arguments for why its proposals should be considered timely: For the reasons discussed below, we find no basis to sustain the protest.
Although the rule may seem harsh, it alleviates confusion, ensures equal treatment of all offerors, and prevents one offeror from obtaining a competitive advantage that may accrue where an offeror is permitted to submit a proposal later than the deadline set for all competitors.
Nonetheless, even in cases where the late receipt may have been caused, in part, by erroneous government action, a late proposal should not be considered if the offeror significantly contributed to the late receipt by not doing all it could or should have done to fulfill its responsibility.
Government Control of the Proposals National Beef argues that an exception to the late proposal rule applies here because the UPS driver carrying its proposals entered Fort Lee prior to the solicitation deadline.
The record does not establish, however, that the government had control of the proposals prior to the deadline. As our Office has explained, the exception applies where the proposal has been accepted by government personal, thereby putting it under government control.
The protester, however, provides no evidence that the agency took custody of the proposals prior to the 3: Instead, National Beef contends that its proposals should be accepted as timely because the protester "relinquished control of its proposals when it delivered them to UPS," that the UPS truck entered Fort Lee prior to 3: The protester misstates the applicable standard for receipt and control of a proposal under FAR provision Even if there was evidence that established the time the UPS truck entered Fort Lee, and even if the entirety of Fort Lee is considered the government installation for purposes of FAR provision Interruption of Normal Government Processes Next, National Beef argues that, even if the proposals were not in government custody prior to the deadline, an interruption of "normal Government processes" precluded delivery, which required the agency to extend the time for receipt of proposals.
As discussed above, FAR provision Where the government office designated for receipt of proposals is open for business and able to accept receipt of proposals, we will not conclude that normal government processes are interrupted. In a letter submitted after the solicitation closing date, National Beef stated to DeCA that "[o]ur discussions with UPS indicate that the proposal[s] arrived at the Ft.
Lee entrance gate around 9: The protester, however, does not explain who provided the information, e. Moreover, the protester does not provide any statements from UPS or any other information from UPS aside from the tracking information. This tracking information shows the following relevant entries for November With regard to the notation in the UPS tracking information regarding a delay associated with a security check, the tracking information entry for this event is 3: The tracking information, however, does not establish when the delay occurred or the length of the delay.
Thus, even if there was a delay associated with security or construction, the protester has not provided adequate information to establish that there was an interruption of normal government processes in a manner that precluded submission of proposals.A major aspect of the debate over abortion concerns the use of terminology.
In keeping with Just Facts’ Standards of Credibility, this research uses language that is clear and alphabetnyc.com, expressions such as “pro-life” and “pro-choice” are replaced by words that detail specific positions.
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