In a recent decision highlighting the critical importance of timely proposal submissions in federal procurements, the Government Accountability Office (GAO) denied a protest by challenging the Navy’s rejection of the protester’s late-submitted proposal under a SeaPort Next Generation (SeaPort-NxG) task order competition. This case, La Playa, Inc. of Virginia – d/b/a LPI Technical Services, serves as a cautionary tale for contractors relying on last-minute uploads and underscores the need to follow submission instructions to the letter.
1. Background
The Navy issued a Request for Proposals (RFP) under its SeaPort-NxG multiple-award IDIQ contract, seeking engineering and technical services for various naval systems.
The RFP set a clear deadline: February 14, 2025, at 5:00 p.m. eastern daylight time, and required electronic submission exclusively through the SeaPort-NxG portal. It also explicitly prohibited links to external file-sharing platforms and included contingency instructions in the event of a portal malfunction, requiring offerors to promptly notify both the contracting officer and the SeaPort helpdesk before the deadline.
The protester attempted to begin its upload at 4:39 p.m. — just 21 minutes before the deadline — but was unable to complete the submission by 5:00 p.m. At 5:07 p.m., the protester left a voicemail with the contract specialist, then emailed its proposal at 5:27 p.m. The Navy subsequently rejected the proposal as untimely.
2. The Protest
The protester argued before the GAO that technical issues with the SeaPort-NxG portal caused its late submission and contended that the Navy should have accepted the proposal due to these alleged malfunctions. According to the protester, the portal froze multiple times during the upload process, and it was unreasonable to expect timely submission under such conditions.
However, the GAO found that the protester failed to follow the solicitation’s specific procedures for reporting portal issues. Notably, the protester apparently did not contact the SeaPort helpdesk or notify the contracting officer before the 5:00 p.m. deadline, as required.
3. GAO’s Analysis
The GAO emphasized long-standing precedent that the responsibility to ensure timely proposal submission rests squarely with the offeror. Key findings included:
- No Evidence of Systemic Failure: A system audit conducted by the Navy’s SeaPort program management office revealed no service disruptions or helpdesk tickets on February 14. Other offerors successfully submitted proposals via the portal, including one at 3:59 p.m. — well within the window that the protester was attempting its upload.
- No Exception to the “Late is Late” Rule Applied: Under FAR 52.215-1(c)(3)(ii), late proposals may only be accepted under narrow exceptions (e.g., government mishandling or timely receipt at a government-controlled inbox). None applied here, especially given that the proposal was not in the government’s possession until well after the deadline.
- Failure to Follow Contingency Procedures: Even if the protester had experienced technical difficulties, it failed to follow the RFP’s clear instructions for alternative submission arrangements. The protester’s voicemail and post-deadline email did not meet the procedural requirements to qualify for an exception.
4. Key Takeaways for Contractors
This decision reinforces several critical points for government contractors:
- Submit Early: Waiting until the last hour — or last minutes — to upload a proposal is a risky strategy. Even minor delays or glitches can result in disqualification.
- Follow Submission Instructions Precisely: Solicitation requirements regarding portals, file formats, and backup procedures are not suggestions — they are enforceable conditions of the procurement.
- Document and Report Technical Issues Immediately: If a submission portal appears to malfunction, contractors must promptly notify both the contracting officer and helpdesk as outlined in the solicitation — before the deadline.
- No Grace Period: The FAR’s “late is late” rule is applied strictly, with very few exceptions. Agencies and the GAO will not excuse untimely submissions without clear and compelling justification.
Conclusion
The GAO’s decision in this case underscores a fundamental truth of government contracting: deadlines matter. In a digital procurement environment, contractors must plan ahead, account for technical variables, and rigorously follow the instructions provided. Agencies generally have wide discretion to reject late proposals — even when the offeror believes the delay was outside its control — unless the offeror can clearly demonstrate compliance with all required procedures and a systemic failure of the government’s submission systems.
