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B-204114 1 (1981-08-10)

handle is hein.gao/gaobabkdp0001 and id is 1 raw text is: UNITED STATES GENERAL ACCOUNTING OFFICE WASHINGTON, D.C. 20548 OFFICE OF GENERAL COUNSEL B-204114 August 10, 1981 Paul W. Ahrens, President Miracle Recreation Equipment Company P.O. Box 275 Grinnell, Iowa 50112 Dear Mr. Ahrens: We refer to your letter of July 10, 1981 regarding the late submission of your proposal on the General Services Administration's (GSA) request for proposals (RFP) No. 10 PN-HRS-0039 for the procurement of recreational equipment. As we understand it, the RFP specified that May 8, 1981 at 3:30 p.m. was the time of closing. Due to an over- sight in your office, your proposal was not mailed until May 14, 1981 and was not received by GSA until May 18, 1981 at 10:25 a.m., or 10 days after the specified closing date. Although your company has held a contract with GSA for many years, and even though you assumed that the bid closing was later in the summer, as it had been in 1980, GSA was correct in rejecting your proposal. The result may appear harsh in your particular case; however, the integrity of the competitive procurement system requires that the established rules be observed. The Federal Procurement Regulations (FPR) mandate that proposal received after the exact time specified in the RFP not be considered unless it falls under one of the several exceptions. FPR § 1-3.802-1 (b) (1964 ed.). Thus, by regu- lation, a late proposal may be considered only where the proposal is received prior to award and it was sent by reg- istered or certified mail 5 days before the date of closing, or the late receipt was due solely to the mishandling of the proposal by the Government after its receipt or it was the only proposal received. FPR S 1-3. 802-i (a) (1964 ed.). The general rule followed by our Office is that the offeror is charged with the responsibility of assuring that its proposal arrives at the proper place at the proper time. See Chambers Consultants and Planners, B-192465, August 18, 1978, 78-2 CPD 134. Because your proposal admittedly did ZAlicc'e- . 1dt,0~0 *1 A c--.

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