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B-183718 1 (1975-07-28)

handle is hein.gao/gaobadcla0001 and id is 1 raw text is: L1R o .THE COMPTROLLER GENERAL DECISION ' . OF THE UNITED STATES WASHINGTON. D.C. 20548 FILE: B-183718 DATE: July 28, 1975 7 MATTER OF: Dynamic International, Inc. DIGEST: Telegraphic modification of bid delivered by telegraph company to procuring agency after bid opening due to press of traffic at Agana, Guam, telegraph office, generated as result of arrival of Vietnamese refugees, should not be considered under ASPR § 2-303.1 and § 7-2002.2, since there is no question of mishandling of telegram by Government. On March 21, 1975, the Base Procurement Division, 3rd Combat Support Group, APO San Francisco, issued invitation for bids (IFB) No. F644133-75-B-0016, for mess attendant services at Anderson Air Force Base, Guam. Bids were opened at 10 a.m. on April 21, 1975, with Southeastern Services, Inc. (Southeastern), the apparent low bidder. However, at 1:13 p.m. the RCA Global Communication Annex (RCA), located at Anderson Air Force Base, MAC Terminal, Guam, telephoned the contracting officer and advised that Dynamic International, Inc. (Dynamic),had telegraphed an increase in its discount from 4 percent to 10 percent. The telegram was obtained from RCA at 2:45 p.m. and time stamped by the Government at 4:06 p.m. on April 21. If Dynamic's modification to its bid is to be considered, Dynamic would displace Southeastern as the apparent low bidder. During a meeting on April 27, 1975, the contracting officer informed a representative of Dynamic of the Government's position that the telegraphic modification would not be considered. As a result, by letter dated April 28, 1975, Dynamic protested the rejection of its telegraphic modification to our Office. Dynamic contends that its telegraphic modification was received at the RCA Agana office at 6:11 a.m., April 21, 1975, and that deliv- ery by the RCA office at Anderson Air Force Base to the contracting officer was delayed due to unusual circumstances, i.e., the press of traffic at the RCA Agana office occasioned by the arrival of Vietnamese refugees on Guam. In support of its position, Dynamic has relied upon B-158563, June 13, 1966, wherein our Office found no legal objection to the acceptance and consideration of a late telegraphic modification where the record established that the delay was caused solely by the telegraph company and that the delay was abnormal. - 1 -

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