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B-178425 1 (1973-05-08)

handle is hein.gao/gaobaadxe0001 and id is 1 raw text is: :..1 COMPTROLLER GENERAL OF THE UNITED STATES WASHINGTON, D.C. 1544 M-170425 May 8, 1973 0 V The Honorable Arthur F. Sampson Acting Administrator General Services Admtuistration Dear Hr. Sampson: 9 We are In receipt of a letter dated April 10, 1973, from your General Counsel, requeting an opinion as to theralidity of a contract warded toThe Crowefl Corporation unde'inv-itation for bids (IFB) FP0ISO-E2e2349eA, Issued by the Vow York Regional Off ice. By the terms of the offer, the Crowell bid was sub ect to acceptance within 60 calendar dayc from the date of receipt of offers--the 60th calendar day being Saturday, February 3, 1973. Howver, award of the contract was made on Monday, February 5, 1973, the 62nd day. Crowell immediately declined the award contending that no contract came into being because its offer wat anot accepted within the time specified in the bid. On the other hand, GSA contends that the award was valid since MeY. Gen. Counjtr Law sacs. 25 and 25-a (21 HcKinney 1972-1973 SUPP.) provides thit' when an act is authorized or required to be performed on a Saturday, Sunday or a public holiday, it may be done on the next succeeding btu3lneus day. In a somewhat similar case, our Office held that, in the absence of Federal law, State law will apply. 38 Coap. Cen. 445 (1958), reconsidered B-137634, July 5, 1963; but see The Pdbloc Corpani, Inc . v. United States, 161 Ct. Cl. 369 (1963). Hlowever, unlike the situation described in 38 Comp. Gen., supra, this IFS provides on page 3 that standard form 33A is incorporated by reference. Standard form 33A states in section 2(f) that: Time, if stated as a number of days, will include Saturdays, Sundays and holidays. In view of the IFB stateaents regarding time, the applicability of the State statue becomes academic. We believe that the last day for acceptance of the bid under the IFB was the 60th calendar day after bL bpenlng or Saturday, February 3, 1973. 62 Co.p. . ..

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