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B-182995 1 (1975-09-24)

handle is hein.gao/gaobadcmw0001 and id is 1 raw text is: THE COMPTROLLER GENERAL DECISION I.OF THE UNITED STATES W~ VASHINGTON, 0. C. 20S46 FILE: B-182995 DATE: September 24, 1975 MATTER OF:, Hyster Company -7 DIGEST: 1. Provision in solicitation that bids be mailed to certain address or hand-carried to depositary located at mailing address does not prohibit hand delivery to official located in bid opening room who was authorized to receive bids. 2. Bid deadline for hand-carried bid may not be deemed to have arrived because of bid opening officer's removal of bids from depositary since public declaration that time set for bid opening had arrived subsequently was made by authorized official consist- ent with clock in bid opening room. 3. Where bid opening officer states that hand-carried bid initially was tendered, according to clock in bid opening room, prior to scheduled bid opening time and prior to the authorized public declaration that such time had arrived, rejection of bid as late is not required even though officer initially rejected tender of the bid in accordance with time shown on unsynchronized clock outside bid opening room. Authorized public declaration, made in accordance with clock in bid opening room, that time for bid opening has arrived is prima facie evidence of that fact. 4. Factual statements made by attendee at bid opening who claimed to have observed occurrences from far corner of room are rejected in preference to contrary statements submitted by bid opening of- ficer and alternate who directly participated in contested delivery of bid. 5. Hand-carried bid may be accepted even though received late since lateness is result of bid opening officer's erroneous rejection of initial tender which was timely made and consideration of bid does not compromise integrity of competitive bid system. 6. Notwithstanding that protester might have deduced the identity of the precise model on which low bid was submitted from shipping -1- PUDLISHED DECISION

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