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B-189641 1 (1977-10-21)

handle is hein.gao/gaobadfew0001 and id is 1 raw text is: CE IUCP ..: %.THE CCMPTRCLLER GENE45 /A ONC IBION ..OF THE UNITWD0 sTATRA VVAB HINGTO N. D. C. RO054 8 FILE: 3-189641 DATE: October 21, 197 MATTER OF: Boyd Lumber Corporation DIGEST: Premature opening of protester's bid for purchase of Federal timber, while improper and unfortunate, does not warrant rejection of all bids and readvertising, since protester was afforded opportunity to protest to Comptroller General, or revise or confirm bid prior to official bid opening, three higher bide considered at formal opening were not based on protester's bid, and readvertising woulC givo protester opportunity to compete for award to prejudice of hign bidder in licht of disclosed prices. Boyd Lmber Corporation (Boyd) protests the failure of the Forest Service, Department of Argiculture, to reject all bids and readvertise a Strike Timber Sale after Boyd's sealed bid was inadvertently opened by Forest Service employees prior to the time specified for bid opening--July 13, 1977. On July 11, 1977, a Forest Service mailclerk J!penad the nealed bid envelope that had been received from Boyd on that date. When it was subsequently determined that the envelope contained a bid, a member of the Budget and Finance Staff replaced the bid papers in the envelope, resealed it and reported the error to the Timber Staff Officer. The three emnloyees who handled the opened bid envelope signed statementr denying any knowledge of figures in the bid. On July 12, 1977, the Timber Staff Officer notified the Boyd comptroller by telephone of the inadvertent opening. The circum- stances were fully explained and Boyd was offered three alternatives: protest any subsequent sale to our Office or confirm or revise the bid. It Boyd chose to revise its bid a new bid opening date would be set to allow a reasonable time for preparation of the revised bid. Because an officer of Boyd with authority to select from among the available alternatives was apparently not available, the Yorest Service offered t. delay the bid opening until the president was available to act. When finally contacted at the initiative of the Foreat Service 1 hour prior j3 the scheduled bid opening, the president declined to select from among the offered alternatives and advised the Fo.:eet Service to proceed in what it felt was a right and proper manner. - 1- KI 111IK

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