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B-185743 1 (1976-05-12)

handle is hein.gao/gaobaddnk0001 and id is 1 raw text is: 

                 -  VLER C
                           'THE   COMPTROLLER GENERAL
DECISION                     OF   THE UNITED STATES
                             WASHINGTON, D.C. 20548




FILE:   B-185743                    DATE:   May 12, 1976

MATTER OF:      Fire Trucks, Inc.


DIGEST:

1.   Despite allegation that clause included in IFB as required
     by  regulation (ASPR § 7-2002.2(c)(ii)) providesthat only
     acceptable evidence to establish time of bid receipt at
     Government installation is time/date stamp of installation,
     all  evidence relevant to time of receipt of hand-carried.
     bid is considered since regulation applies only for con-
     sideration of late mailed and telegraphic bids, and not
     late hand-carried bids.

 2.   Totality of information of record more reasonably supports
      conclusion that hand-carried bid did not arrive at desig-
      nated depositary room by time for bid opening, notwith-
      standing time/date stamp showing timely receipt. Time/
      date stamp was mechanical hand stamp, not automatic
      timepiece, and manually adjustable to show approximate
      time in 15-minute intervals.


      This matter concerns a protest by Fire Trucks, Inc. (FTI),
 against the rejection of a bid submitted on invitation for bids
 (IFB) F09603-76-B-0406, issued by Warner Robins Air Logistics
 Center, Georgia (Robins). The contracting officer rejected the
 bid as late under the terms of Armed Services Procurement Regula-
 tion (ASPR) § 7-2002.2, Late Bids, Modification of Bids, or Withdrawal
 of Bids, which had been incorporated into the IFB.

      ASPR § 7-2002.2 states in pertinent part:

           (a) Any bid received at the office designated in
      the solicitation after the exact time specified for
      receipt will not be considered unless it is received
      before award is made and either:

                 (i) it was sent by registered or certified
      mail not later than the fifth calendar day prior to the
      date specified for the receipt of bids (e.g., a bid sub-
      mitted in response to a solicitation requiring receipt
      of bids by the 20th of the month must have been mailed
      by the 15th or earlier); or,

                                             PUBLISHED DECISION
                                             55 Comap. Gn..*m

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