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B-178862 1 (1973-10-10)

handle is hein.gao/gaobaadep0001 and id is 1 raw text is: r
     7


                   COMPTROLLEYd2EN!~A.L OF TrHE UNITED STATES
                              1VIAIIHINGTOU. D,C. OI24

 44 10I

    R-178862                                           October 10, 1973



    j. L, Erause, Esquire                       .
    Post Office Box 81693                                               
    nlcoln, oebraska   68501

    Dear Sir;

          By letter dated June 7, 1973, you protested on behalf of the
    FrIeden Construction Company thn award of a contract to HeCrea
    Water Tower Maintenance and repair Company (HcCrea), The contract
    was awarded on May 25, 1973 by the Veterans Administration Hospital,
    Lincoln, Nebraska, under solicitation No, 597-30-73 for the demolition
    of a water tower at the hospital.

          Bids were opened at 1:30 p.m,, April 16, 1973.   Two bids were
    received. At 10:50 a.m., April 17, 1973, a bid was received from
    KeCroa. The bid haO been sent by registered Air Mail from fission,
    Texas and wan postmarked April 12, 1973.

          The sending and receiving post offices were both contacted and
    the information submitted by them indicated that McCrea's bid normally
    should have been received prior to bid opening.

          In thin regard the applicable Federal Procuroment Regulations
    (FPR 1-2.303-3) provide'; thut late bids sent by registered mail may
    be considered for award if;
          A * f it is determined that the lateness was due solely
          to a delay in the mails (based on evidence obtained pur-
          suant to 1 l-2.303-3 (h), (c), and (d)) for which the
          bidder was not responsible.

          (b) Registered mail. The time of mailing of a late bid
          *mailed by registered mail ray be determined by the date
          in the postmark ou the registered mail receipt or registered
          mail wrapper. The time of mailing shall be deemed to be
          the last minute of the date shown in such postmark unless
          the bidder furnishes evidence from the pant office station
          of ailing which establishes an earlier time * A ft




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