Jul 27, 2017

Any contractor is frustrated when they fail to win a solicitation award.  Getting edged out on price by a few percentage points, receiving a low technical rating due to a misread proposal, or dealing with confusing evaluation criteria; all legitimate complaints. But imagine if your protest was not even considered, despite clear proof you sent it on time, as instructed.  That’s exactly what happened to Ghazan Neft Gas, for its proposal on a fixed-priced supply and delivery contract of fuel to the US Embassy in Afghanistan.

The solicitation instructed proposals to be sent via email, and Ghazan did just that on March 13th, well before the April 3rd deadline.  On April 8th, Ghazan inquired as to the status of its application, only to learn the Agency had not received the proposal. When Ghazan discovered the contract had been rewarded to another, it filed a protest with the GAO.

Ghazan provided screenshots and declarations showing the proposal was sent to the correct email address on March 13th. The original email was also forwarded from Ghazan’s sent folder.    The Agency simply denied receiving the document and that a review of its inbox and junk folders did not find the email.

The GAO sided with the Agency, stating it was Ghazan’s responsibility to ensure the Agency received the protest and also its burden to prove the delivery occurred. Given Ghazan could show they clearly did send the proposal electronically to the correct place, but still failed to meet the burden, contractors should expect that only written confirmation by the government agency would meet the test.

 

About the Author:

Tyler Freiberger Headshot | Centre Law & Consulting in Tysons, VA Tyler Freiberger
Associate Attorney

Tyler Freiberger is an associate attorney at Centre Law & Consulting primarily focusing on employment law and litigation. He has successfully litigated employment issues before the EEOC, MSPB, local counties human rights commissions, the United States D.C. District Court, Maryland District Court, and the Eastern District of Virginia.
Share on FacebookShare on LinkedInTweet about this on TwitterEmail this to someone

Leave a Reply

Your email address will not be published. Required fields are marked *

  • Igor Appel says:

    Dear Tyler Freiberger:
    Your advice regarding getting a receipt is very useful in present times.
    I take a liberty to ask you the following two questions not related to receiving a receipt.
    Your reply or recommended contact information will be highly appreciated.
    (1 – GLOBAL): Do you think it is possible to complain about well known inappropriately deformed relationships between contractors and government agencies (when civil servants manage individual contractor representatives instead of providing tasks to contracting company)?
    (2 – SMALL): How realistic is requesting federal (?!) judge to require a contractor company to pay benefits the company owes to terminated employee?
    Sincerely.
    Igor Appel