Yikes! Make Sure Your E-filed Proposal Doesn’t Exceed the Size Limits of the Agency’s Server.

The protester emailed a revised proposal to the agency, but the agency never considered it. The protester’s email had been delivered to the government’s email screening server but not to the agency because it exceeded—by 1.5MB—the file size limit for the agency’s server. The protester argued the agency should have considered its proposal because it was delivered to the agency. But GAO found that mere delivery to an initial screening server does not constitute delivery to the agency.

Ace Electronics Defense Systems, LLC, GAO B-420863

Background

The Navy issued an RFP seeking material for mission support consoles for Littoral Combat Ship platforms. After receiving proposals, the Navy held discussions with offerors, including Ace Electronics Systems. Final proposal revisions were due by 10 a.m. on February 11, 2022.

Ace emailed its final proposal on the morning of February 11. But several months later, Ace learned that the Navy never received the proposal. Ace’s email was initially routed to the government’s Enterprise Email Security Gateway for screening. The email was then transmitted to the Navy. But the Navy’s server had a file size limit of 30MB. Ace’s revised proposal was 31.5MB. Thus, the Navy’s server rejected the email because it exceeded the file size limit.

Ace filed a protest with GAO.

Analysis

Ace contended the Navy should have reviewed its proposal because its email had actually been received by the agency. But GAO found that delivery to the government’s email security gateway does not constitute delivery to office designated in the solicitation. An offeror is responsible for ensuring that an electronically submitted proposal is received at the appropriate agency email address. When a proposal does not make it to the proper email address, the agency is not obligated to consider it.

Ace is represented by Adam Bruski, Warner Norcross + Judd LLP. The agency is represented by Andrea Maglasang-Miller of the Navy. GAO attorneys Michelle E. Litteken and Christina Sklarew participated in the preparation of the decision.

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