Timeliness of Proposal Is Determined by When Agency Receives the Proposal, Not When the Offeror Submits It; Land Logistics, GAO B-418247

Protest challenging agency’s rejection of a late quotation is denied. The agency received the quotation three minutes after the deadline for quotes. The protester argued that the agency should have considered the quote because it had been submitted shortly before the deadline. But GAO reasoned that under the FAR, the timeliness of a quotation is based on when the agency receives it, not when it’s submitted.

FEMA posted a solicitation seeking living kits for disaster survivors. The deadline for quotations was January 5, 2020 at 11:59 p.m.

Land Logistics submitted two quotes in response to the solicitation. Both quotes, however, were received three minutes late, at 12:02 a.m. on January 6. FEMA did not evaluate either of Land Logistics’ proposals because they were late. Land Logistics protested.

Lang Logistics argued that it quotations were timely because they were submitting by 11:59 p.m. But GAO noted that the solicitation included FAR 52.212.-1, which provides that vendors are responsible for submitting quotations “so as to reach the government . . .  by the time specified in the solicitation.” In the FAR provision, timeless is based on the government’s receipt of the proposal, not the vendor’s submission. The fact that Land Logistics submitted the proposal at 11:59 was irrelevant. The agency’s tracking report showed that it had not receive the proposal until 12:01.

Land Logistics argued that even if its quotations were late, the company had submitted identical proposals in response to two cancelled solicitation. Land Logistics argued that FEMA should have considered those quotes to be timely responses.

GAO rejected this argument, reasoning that each procurement stands on its own. Land Logistics submission of different quotes in response to now-cancelled solicitations was irrelevant as to whether FEMA properly rejected its proposal in this procurement.

Land Logistics is represented by Shane J. McCall, Nicole D. Pottroff, and Quinten R. Fisher of Koprince Law, LLC. The agency is represented by Matthew Lane and Megan Chester of the Department of Homeland Security. GAO attorneys Jacob M. Talcott and Jennifer Westfall-McGrail participated in the preparation of the decision.

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