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B-183438 1 (1975-06-02)

handle is hein.gao/gaobadcjg0001 and id is 1 raw text is: THE CONIPTROLLER GENERAL 0 u:Is10NOF 7H-1E LJNITE S TATES WVASH :NGTON , :3. . 20OS4 8 FILE: B-183438 DATE: June 2, 1975 MATTER OF: Hydro Fitting Mfg. Corp. DIGEST: 1. Telegraphic bid transmitted to procuring agency before bid opening but not transcribed due to Government Telex machine malfunction cannot properly be classified as lost bid as protester can establish, without use of self- serving statements, time of bid transmission and receipt as well as contents of bid. 2. Untranscribed telegraphic bid (due to Government Telex machine malfunction) should not be rejected as late bid, even though ASPR § 7-2002.2 appears to indicate opposite result in determining possible mishand.ing by Government due to lack of requisite acceptable evidence of time of receipt and question concerning whether receipt occurred, since to do so would contravene intent and spirit of late bid regulation. Conclusion is reached in view of fact that mishandling in transcription of telegraphic bid and resultant failure of Government installation to have actual control over bid or evidence of time of receipt does not appear to have been contemplated by ASPR § 7-2002.2. On February 3, 1975, the Defense Supply Agency (DSA), Defense Construction Supply Center (DCSC), Columbus, Ohio, issued invita- tion for bids (IFB) No. DSA700-75-B-1579 as a 100-percent small business set-aside for bids on 19 contract line items (CLINs 0001 through 0019) of Federal Supply Class Code 4730. CLINs 0020, 0021 and 0022 were added by amendment No. 0001, issued on February 5, 1975. Section C, paragraph C01 of the IFB authorized telegraphic bids. Hydro Fitting Mfg. Corp. (Hydro), at 4:45 p.m. on February 28, 1975, transmitted a telegraphic bid to DSA. The telegram was acknowledged by the automatic reply back system of the DSA Telex receiver, the DCSC automatic acknowledgment appearing at the beginning (acknowledging a proper hook-up) and end (acknowledging receipt) of Hydro's copy of its telegram. .TBIIHED DECISION 54 omp. Gen.........-

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