The protester’s proposal was late. The agency evaluated it anyway. The protester challenged the award. GAO dismissed. The protester had submitted a late proposal, so it was not an interested party. Although the agency evaluated the proposal, it was still late and thus ineligible.
Sofia Health, LLC, GAO B-422186
- Late Proposal – The protester submitted a proposal by email. The agency never received the proposal and made award to another offeror. The protester threatened to protest. The agency investigated. The protester’s proposal had been quarantined by the agency’s email system and never delivered.
- Agency Evaluates Proposal – Based on the protester’s threat to file a protest, the agency decided to retrieve the quarantined proposal and evaluate it. Nevertheless, the agency still determined the awardee had a superior proposal. The protester challenged the evaluation.
- Protester Not an Interested Party – GAO dismissed the protest. The protester was not interested because it submitted a late protest. The protester argued its protest could not be considered late because the agency evaluated it. GAO said when a protest is received after the submission, it is late and cannot be considered. Even if the agency evaluates the proposal, the evaluation cannot revive what is effectively a void proposal.
The protester is represented by Matthew T. Schoonover, Matthew P. Moriarty, John M. Mattox II, Ian P. Patterson, and Timothy J. Laughlin of Schoonover & Moriarty LLC. The agency is represented by Natica C. Neely of the Department of Veterans Affairs. GAO attorneys Hannah G. Barnes and Christina Sklarew participated in the decision.
–Case summary by Craig LaChance, Editor in Chief
