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B-186450 1 (1976-07-26)

handle is hein.gao/gaobaddmh0001 and id is 1 raw text is: J.R S~. THE COMPTROLLER GENERAL DE CISION * . * OF THE UNITE STATES WASHINGTON, D.C. 2O548 CA) FILE: 3-186450 DATE: MATTER OF: Tower Performance, Inc. q276 iO 0 DIGEST: IFB permitted consideration of late bids only when late receipt was due solely to delay in mails for which bidder was not responsible. Bid sent by certified mail 28 hours before bid opening that arrived late may not be considered for award notwith- standing bidder's offer (prior to opening) to send telegram confirming its contents since telegraphic bids were not authorized by IFB and record shows that lateness was not due to delay in mails but to bidder's failure to allow sufficient time prior to bid opening for mailing and delivery of bid in accordance with normal delivery time. Tower Performance, Inc. (Tower), protests the rejection of its bid and the award of a contract to any other bidder under invitation for bids (IFB) 1-73-6018 issued by the National Aeronautics and Space Administration (NASA), Langley Research Center (LRC), Hampton, Virginia. The invitation issued to 17 bidders on March 16, 1976, solicited bids for services and materials necessary for cooling tower repairs. Subsequent IFB amendments extended the bid opening date from April 6 to April 20, 1976, and also changed the time for the site visit from March 30 to April 13, 1976. Three bids were received at the 3:00 p.m. bid opening on April 20, 1976. Tower alleges that its unopened bid of $16,777 was $963 less than the lowest bid received. However., Tower's bid did not arrive at the LRC mailroom until April 21, 1976 (one day after bid opening). By letter dated April 21, 1976, Tower was advised that the bid had been received late and was not for consideration. - 1 -

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