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B-275988 1 (1997-04-28)

handle is hein.gao/gaocrptafwt0001 and id is 1 raw text is: oComptroller General of the United States Washington, D.C. 20548 Decision Matter of: Roy McGinnis & Co., Inc. File: B-275988 Date: April 28, 1997 Theodore M. Bailey, Esq., for the protester. Barbara Bear, Esq., and Albert C. Proctor, Esq., Department of the Army, for the agency. Christina Sklarew, Esq., John Van Schaik, Esq., and Michael R. Golden, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST Protest that late bid should be considered because its late receipt was due to government mishandling is denied where paramount cause of late receipt was not government mishandling, but rather bidder's failure to allow reasonable time for bid to be delivered from the receiving fax machine to the location designated for bid opening. DECISION Roy McGinnis & Co., Inc. protests the Department of the Army's rejection of its bid modification as late under invitation for bids (IFB) No. DACA63-97-B-0003. McGinnis alleges that its bid modification, which was transmitted by facsimile, reached the agency prior to the time established in the solicitation for bid opening, and that its rejection was therefore improper. We deny the protest. The IFB was issued on October 24, 1996, for construction and renovation services to alter classrooms, kitchen laboratories, and other portions of two designated buildings. The IFB included Federal Acquisition Regulation (FAR) clause 52.214-31, permitting bids and bid modifications to be submitted by facsimile; the solicitation specified 817/978-3166 as the fax equipment dedicated to receiving such documents. The IFB provided the bid opening location, listing a street address and room number, and established that bids would be opened at 2 p.m. on December 17, 1996. McGinnis submitted a bid without prices on December 3, and attempted to add this information to its bid by faxing a completed bid schedule as a bid modification on December 17. The record shows that McGinnis transmitted one copy of its modification to the designated fax number and another copy to a fax machine provided by the agency as an alternate number under previous solicitations. The machine-generated fax receipt log for the designated machine shows that McGinnis

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