January 6, 2020

Does an agency email gateway strike again or is contractor-side transmission delay to blame? Either way, recent GAO bid protest decision highlights the need for government contractors to plan for transmission delays when submitting proposals via email.

As the protest of Spanish Solutions Language Services, LLC, B-418191, January 2, 2020, 2020 CPD ¶ ___reiterates, a proposal is timely when it is received, not when it is sent (unless the late proposal exception applies).

Brief Timeline:

  • 10:54 am...

May 6, 2019

Recent GAO protest highlights the need for contractors to account for transmission delays when submitting proposals/quotations.

Briefly, the protester timely submitted its initial quotation but then untimely submitted its revised quotation in response to a solicitation amendment. Revised quotations were due at 5:00PM and the protester's quote was received at 5:01:30PM. Because its revised quotation was rejected as late, the protester argued that its initial quote should have been evaluated inste...

September 7, 2018

We are nearing the end of FY2018 and that means some contractors are feverishly working on proposals with hopes of winning contracts during the fiscal year-end spending surge. These contracts tend to be lucrative ("use it or lose it" mentality), as each has the potential to help you increase revenue and bolster past performance. But, to capitalize on this opportunity, contractors must first ensure that your proposals are timely submitted to be eligible for an award. In that regard, it's importan...

November 25, 2017

Recent GAO protest reiterates the rule that a proposal is timely when the agency receives it at the designated place before the deadline. Notably, a delivery confirmation from the contractor's email system does not constitute receipt of an emailed proposal.

Briefly, the protester emailed its proposal to the designated inbox before the deadline and received an Outlook delivery confirmation. When the agency didn't acknowledge receipt, the protester called to verify. The agency didn't receive the pr...

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About GovConJudicata

Welcome to GovConJudicata an informational blog/website focusing on government contracts issues, including bid protests (e.g., GAO, COFC), claims, disputes, SBA matters, compliance, regulatory, and cyber (e.g., DFARS, NIST SP 800-171, CMMC).

GovConJudicata is published by Joshua Duvall, managing partner at Matross Edwards, a law firm providing government contracts and cybersecurity legal services to small and mid-sized businesses.

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