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B-183276 1 (1975-06-12)

handle is hein.gao/gaobadcib0001 and id is 1 raw text is: 
                             THE  COMPTROLLER GENERAL
6ECISION              ~      OF   THE UNITED STATES
                             WASHINGTON. D.C. 20548




FILE:  B-183276                     DATE:   June 12,1975

MATTER OF: Perma-Steel, Inc.


DIGEST:

1.   Bid received by procuring activity within three hours after
     bid opening and before award is not late, since bid was
     mailed on fifth day prior to date specified for receipt of
     bids and under such circumstances, ASPR § 7-2002.2 (1974 ed.)
     authorizes consideration of bid as timely received.

2.   Protest against cancellation of prior solicitation is untimely
     since protest was received in this Office more than five days
     after date on which protester knew basis for protest.

     Perma-Steel, Inc. (PSI) protests the award of a contract to
Lozier Store Fixtures, Inc. (Lozier) under Invitation for Bids
(IFB) No. N00250-75-B-0112 (No. 112) issued by the Navy Resale
Systems Office, Brooklyn, New York for general grocery shelving.
This protest raises two distinct issues. The first concerns the
propriety of accepting Lozier's low bid which was received by the
Government approximately three hours after bid opening. The second
issue raised by PSI concerns the propriety of the cancellation of
a predecessor solicitation, IFB N00250-75-B-0068 (No. 68), for
similar items.

     On January 29, 1975, IFB No. 112 was issued with a bid opening
date of February 10, 1975. Subsequent amendments extended the bid
opening to 10:00 a.m., February 18. Four bidders attended the bid
opening at which three responsive bids were revealed. PSI was the
apparent low bidder at $197,741.80. Lozier's representative present
at the bid opening stated that his -firm's bid had been mailed on
February 13, 1975, from its headquarters in Omaha, Nebraska. Lozier's
bid was not among those received at bid opening.

     However, Lozier's bid was received by the procuring activity
at 1:00 p.m. on February 18. The bid envelope bore a postmark of
February 13, 1975.  The Navy reports that since Lozier's letter had
been sent by certified mail not later than the fifth calendar day
prior to the date specified for the receipt of bids, it was con-
sidered to have been mailed in sufficient time to have been a


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