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This 60-day window had long passed when Bannums property became unavailable.
Accordingly, the agencys delay in meeting procurement milestones in this case had no effect on the validity of the procurement or Bannums ability to substitute a new facility.
First, there was nothing in the solicitation establishing that the agency would make an award by a certain date, and the protester has failed to cite any law or regulation otherwise requiring the agency to have made award by an earlier date.
Second, by the express terms of the solicitation, an offeror could only request a site change within 60 days after initial proposals were submitted.
Again, as previously indicated, the protesters business decision to enter into the contingent agreement with the property owner was the reason why it could not satisfy the solicitations facility requirement. B-414336: May 15, 2017)Soliel protests that it did everything that it was required to do in redacting its identity (and that of its subcontractor) from its proposal, including not naming itself or its subcontractor, and removing any identifying information (for example, company logos, addresses or employee names) that comprised the offering team.
The online edition of the Oxford English Dictionary defines the word "typically" as meaning "in most cases" or "usually." Oxford English Dictionary, https://en.oxforddictionaries.com/definition/typically (last visited August 14, 2017).See Dismas Charities, Inc., supra at 3; Trim-Flite, Inc., B‑229926.4, July 28, 1988, 88-2 CPD 124 at 2.Rather, Bannums inability to provide a facility was a direct consequence of the particular deal Bannum struck with the property owner, which ultimately rendered the property unavailable to Bannum, and it is Bannum that bore the risks of that agreement.Man Tech Advanced Systems International, Inc., B-413717, Dec. In addition, an offeror is responsible for submitting an adequately written proposal and bear the risk that the agency will find its proposal unacceptable where it fails to demonstrate compliance with all of a solicitations requirements. The record shows that Soliel included various descriptions of the work that its subcontractor currently was performing for the agency.For example, the Soliel proposal states: We are very familiar with the DOL/OPA SOPs [Department of Labor/Office of Public Affairs Standard Operating Procedures] since we have been supporting DOL [Agency 4] and [Agency 5] for many years. Elsewhere, the Soliel proposal stated: Team QSR-71-16 [Team Soliel] maintains existing content and makes updates to the Labor Net and websites.
We also find that by conditioning its quotation in this manner, the protester's quotation failed to conform to a material term of the solicitation, i.e., the ability of the agency to order at any one time any amount of fuel less than the full 30,000 gallons.