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B-186848 1 (1976-10-06)

handle is hein.gao/gaobadeex0001 and id is 1 raw text is: cO u-H NTHO CDIMPTROLLER GENLE'sAL .DECISION f-./ OF THE UNITEZ -TATES VASHINGTON L D. C. P0 51b FILE, 8-186848 DATE: October 6, 1976 MA-rTER OF: Record Electric Inc. DIGEST: Te'.egraphic bid modification, unable to be tianscribed intelligibly from Western Union office to telex receiver at procuring activity followed by inabilIty to transmit when activity had run out of forms for receivin telegrams, all prior to bid openIng, was properly not con- sidered since Western Union was substantial cauae for nonreceipt hy failing (1) to resupply agency with forms timely ordered and (2) to deliver telegran by other means upon being Lpprised on evening before bid opening that receiver could not accepc ftrthier telegrams. Prior decisions involving mishandili.g in process 01 S OppoSCe to after receipt at Government installation are distinguishcd. *Aecord Electric Inc. protests the rejectioa of a pimdificatinn to its bid as late and the award of a contract to Allen Electric Co., Inc., to effect electrical repairs in various buildings at the United States Narine Corps Air Station, El Toto, Santa An, California, under invitation for bids (1FB) No. N62474-76-b-0582, issued on Mey 14, 1976, by the Naval Facilities Engineering Command (NAVFAC). The IF was amended twice. The materiality of the amendments, ant of which extended the bid opining date-from June 17 to June 23 at 11 a.m., has not been questioned by the protester. Record Electric submitted a timely bid which did not acknowledge receipt of the amendments. From the evening of June 22 to the time for bid opening on June 23, several unsuccessful attempts were made by Wetern Union to transmit to the procuring activity a modification to the Record Electric bid. That modification (1) reduced the protester's bid prices below those of the eventual contractor: aid (2) acknowledged receipt of the arr2ndments. The Cormmunications Watch Officer on duty at the procuring activity on the evening of June 22 discusses the pertinent circumstances, as follows: -1 -

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