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B-292170 1 (2003-05-28)

handle is hein.gao/gaobacyig0001 and id is 1 raw text is: I G A 0Comptroller General A- Accountability * Integrity * Reliability of the United States United States General Accounting Office Washington, DC 20548 Decision Matter of: General Power Engineering Associates, Inc. File: B-292170 Date: May 28, 2003 John Patrick Parker for the protester. Charles L. Webster III, Esq., Department of the Army, for the agency. Christine S. Melody, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST Contracting agency properly rejected bid as late where record shows that the bid was delivered by commercial carrier to the agency's loading dock after the time set for receipt of bids. Log book maintained by security guards in charge of monitoring the loading dock is acceptable evidence of the time of receipt of the bid even though the guards are not government employees since the log is maintained by the guards in the regular course of monitoring the loading dock for the agency and there is no reason to challenge the log's authenticity or reliability. DECISION General Power Engineering Associates, Inc. (GPEA) protests the rejection of its bid as late under invitation for bids (IFB) No. DACW5603-B-1001, issued by the Army Corps of Engineers for replacement of three generator air coolers at the Webbers Falls Powerhouse, Webbers Falls, Oklahoma. We deny the protest. The IFB, issued on November 27, 2002, required that bids be received by 2:00 p.m. on January 23, 2003. For hand-carried bids, the IFB stated that bids had to be received in the depository located in room 361 of the issuing office by the specified closing time. GPEA's bid was sent via Airborne Express, a commercial carrier. According to the contracting agency, the bid was received at the agency's loading dock at 2:14 p.m. on January 23, after the designated closing time. As support for its position, the agency points to the log maintained by the security guards who monitor the loading dock;

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