Electronic On-Ramp, Inc. v. United States
104 Fed. Cl. 151
| Fed. Cl. | 2012Background
- This is a pre-award bid protest by The Electronic On-Ramp, Inc. seeking reconsidération of a late-proposal rejection by the Defense Intelligence Agency.
- RFP required electronic submission by email and paper/CD copies by hand-delivery to the DIAC on JBAB, with a hard copy control rule for conflicts between electronic and paper versions.
- EOR timely emailed its proposal and dispatched a courier with the paper copy and CD; the courier was delayed at JBAB due to security access issues on the installation.
- Security could not admit the courier; a miscommunication about pickup location occurred; DIA eventually retrieved the paper copy after the deadline, while the emailed copy was already received.
- CO rejected EOR’s proposal as late; EOR protested, arguing Government Control and minor informality exceptions should apply; the court sustained the protest and ordered reinstate.
- Court held that the proposal was received and under Government control before the deadline and also could be treated as a waivable minor informality; however, it declined to treat the emailed copy as the controlling record.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the Government Control exception applies | EOR's emailed copy was timely and the courier was at JBAB before deadline, thus under government control. | Control requires relinquishment of control to the government before deadline; courier presence alone does not show control. | EOR satisfied Government Control; proposal timely under the exception. |
| Whether the late paper copy can be waived as a minor informality | Timely electronic copy plus lack of competitive advantage justify waiver under minor informalities. | Hard copy timeliness governs; waiver only if no prejudice and no competitive harm. | Paper copy late but waivable minor informality; no prejudice to others; competition preserved. |
| Whether the emailed proposal should be treated as the controlling record | EOR's timely emailed copy should be the controlling record given RFP allowed electronic submission. | RFP provides hard copy governs in conflicts; cannot elevate emailed copy over paper. | Court did not treat emailed copy as controlling record; paper copy priority remains but timely electronic submission favored reconsideration. |
Key Cases Cited
- Impresa Construzioni Geom. Domenico Garufi v. United States, 238 F.3d 1324 (Fed. Cir. 2001) (arbitrary, capricious standard; procurement regulation violations)
- Labatt Food Serv., Inc. v. United States, 577 F.3d 1375 (Fed. Cir. 2009) (late proposal rule aims to preserve competition)
- Axiom Res. Mgmt., Inc. v. United States, 564 F.3d 1374 (Fed. Cir. 2009) (coherent explanation required; rational basis)
- Ala. Aircraft Indus., Inc. v. United States, 586 F.3d 1372 (Fed. Cir. 2009) (procurement decisions reviewed for rational basis)
- Weeks Marine, Inc. v. United States, 575 F.3d 1352 (Fed. Cir. 2009) (non-trivial competitive injury required for relief)
- Bannum, Inc. v. United States, 404 F.3d 1346 (Fed. Cir. 2005) (pre-award injunctive relief factors; irreparable harm)
- Centech Group, Inc. v. United States, 554 F.3d 1029 (Fed. Cir. 2009) (public interest and integrity of procurement processes)
- Castle-Rose v. United States, 99 Fed.Cl. 517 (Fed. Cl. 2011) (government control vs. physical possession; context-specific)
- KSEND v. United States, 69 Fed.Cl. 103 (Fed. Cl. 2005) (timeliness and multiple-location submission scenarios)