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B-189357 1 (1977-10-25)

handle is hein.gao/gaobadfgq0001 and id is 1 raw text is: I J I ~* C' Is r-4 C 'I hi I THE CCMPTROLLER GENERAL OP TE UNITED ETATES WA8 H INZT V N. D.C. ?0543 DECISION LJBITL FILE: B-189357 I, i 11 DIGEST: lk Where it Is Impossible t determine with certainty and by independent evidence whether protester's revised prop'os'Al wes received by the Government (I. e., depos- ited in the appropriate bid depositary) prior to the desig- nated deadline, the integrIty of the competitive system precludes its corsideration for award'purposes. American Electronic Laboiatories, Inc. Departmentof the Navy's failure to consider offer submitted under Request for Proposals R-1677, issued by thin Aviation Supply Office Pennsylvania, (AEL) protesithe its best and final No. N00383-77- (ASO), Philadelphia, Essentialiy, the protester argues that it is entitled to a con- tract awRrd -because its best and final offer, which was lower than the award piIce, was timely slibmitted and shculd be considered even though the contracting officer may not have received it prior to contract award. 'The iAstant solicitation was issued April 26, 1977 and tequested proposals by 2:00 p. m. on May 16, 3977. The solicitatiob, provided that hand-carried proposals would be recei -ed in the deposftary desigiiatedtit the solictation. Timely initial proposals were sut'b- mitted'by AEL ($178. 00 perunit) and American Nucleon.cs Coipora- tion (ANC) ($149. 00 per unit). Following receipt of Inffial proposals, the Navy increased its requiremehits from 1406 to 1526 units and changed the packaging specificatioii. On May 25, 1977, AEL and ANC were notified of these changes by telegrams which also' stated, in part: 1.. You are advised that conietitive negotiations for articles covered by FP N00383-77-R-1677 are still open and will close on 3 June 1977 at 2:00 p. m. -1- II amI I DATE: October 25, 1977 MATTER OF: American Electronic Laboratories, Inc. I I C ii C. I M 3-A.4,%

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