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B-188329 1 (1977-02-25)

handle is hein.gao/gaobadekb0001 and id is 1 raw text is: 





                                                               Louis Koslakowski
C%                            ,IProc. I
                                        THE  COMPTROLLER GENERAL
             DIECISION
                                        OP   TIHE   UNITED      *TAT7U
                                o,     i.dAUHINGTON. D.C. 2054U




             FILE:     B-18832?                DATE:   N bruary 25, 197

             MATTER   OF:       Lo-Rencin Contracting Co., Inc.


             DIGEST:

                    Protester's bid sent by certified mail less
                    than 5 calendar days before bid opening and
                    received day after bid opening im late, and
                    not for consideration either under 5-day
                    exception or where late receipt is due solely
                    to Government mishandling.


                 Lo-Rancin Contracting Co., Inc. (Lo-Rencin), protests the
            rojection of its bid as late by the Veterans Administration (VA)
            Hospital, Lebanon, Pennsylvania, under invitation for bids (IFS)
            No. 595-13-77.

                 Bids were opened on January 3, 1977. On January 4, 1977, the
            bid of Lo-Rencin was received by the VA. The envelope in which
            Lo-Rencin's bid was sent by certified mail is postmarked 7ecember 30,
            1976. The bid was considered late under the applicable provision of
            the solicitation an it ha not been mailed 5 days prior to bid
            opening. Lo-Re!xin contends that its bid was mailed within the 5-day
            requirement.

                 Our Office has consiutenitly held that the bidder has the
            responsibility to assure timely arrival of its bid for a scheduled
            bid opening and must bear the responsibility of the late arrival of
            a bid unless the specific conditions set forth in the IFB are met.
            N.E. Wilsor ContractIng Corp., 55 Comp. Gen. 220 (1975), 75-2 CPD 145,
            and cases cited therein.

                The Lo-Rencin protast is based on Federal Procurement Regulations
            (FiR) 1 1-2.201(31) (1964 ed. amend. 153) which was incorporated into
            the IFB in the Instructions to Bidders. Thr regulation reads in
            pertinent parts








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