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B-402654 1 (2010-06-09)

handle is hein.gao/gaobadbie0001 and id is 1 raw text is: Ii .L A GA O Comptroller General f. A Accountabity * Integrity * Reliability of the United States United States Government Accountability Office Washington, DC 20548 D .. Decision Matter of: Stephen Lucas Construction, LLC File: B-402654 Date: June 9, 2010 Joseph A. Yazbeck Jr., Esq., Yazbeck, Cloran & Bowser, PC, for the protester. Bill Welch for Construction Management Engineering & Consulting, Inc., the intervenor. Peter Kraemer, Esq., Stacey North-Willis, Esq., and Phillipa L. Anderson, Esq., Department of Veterans Affairs, for the agency. Linda C. Glass, Esq., and Sharon L. Larkin, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST Awardee's bid was reasonably and properly considered for award where record established that the hand-carried bid was received by the agency prior to the time set for bid opening. DECISION Stephen Lucas Construction, LLC, of White City, Oregon, protests the award of a contract to Construction Management Engineering & Consulting, Inc. (CMEC), of Post Falls, Idaho, under invitation for bids (IFB) No. VA-786A-10-IB-0014, issued by the Department of Veterans Affairs (VA) for a columbarium and drainage improvements at the Eagle Point National Cemetery in Eagle Point, Oregon. The protester complains that the contracting officer improperly awarded the contract to CMEC, whose bid was not opened by the contracting officer at the public bid opening. We deny the protest. The IFB was issued as a total service-disabled veteran-owned small business set-aside on February 2, 2010; the IFB contemplated the award of a fixed-price contract. Bid opening was scheduled for 2 p.m. on March 3. The IFB recommended that bids be submitted by overnight courier service to the VA National Cemetery Administration, located at 811 Vermont Avenue N.W. in Washington, D.C. IFB at 1.

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