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B-189811 1 (1977-12-08)

handle is hein.gao/gaobadfkw0001 and id is 1 raw text is: I THU COMPTROLLER CENtRAL Pt ' . SUITED BTATES 4* WASHITGTON D.C. II FILE: B-189811 DATE: December 8, 1977 MATTER OF: Sturm Craft Co. DIGEST: 1. fid modification was untimely where telegram was received after bid opening, notwithstanding fact that agency had received telephone call from telegraph company prior to bid opening indicating that bidder was modifying its bid. 2. Erroneous information provided by agency and agency's acceptance of telegraph company's delivery by telephone did not constitute Government mishandling solely responsible for or the paramount reason for t' nimely receipt of telegraphic bid mofification where telegram was qualified on its fack as official Government business and telesraph company should have been aware of existence of its own tie-in line to Government installation. The Sturm Craft Co. (Sturm Craft) contends that che modifica- tion to its bid submitted in response to invitatiur for bids (IFB) N62472-77-3-0144 for shore power improvements at the Naval Under- water Systems Center, New London, Connecticut (Navy), was improperly rejected as late. If the modification is considered, Sturm Craft would be the low bidder. Bid openini was at 2:00 p.m. on July 7, 1977. The IFB contained the clause Late Bids, Hodifications of Bids or Withdrawal of Bids (1974 Sep) (late bid clause). Th. record indicates that Western Union received Sturm Craft's telegram qddressed to the Resident Officer in Charg. of Construction (as required in the IFB), at 6:10 p.m. on July 6. The instructions specified delivery on AM (7-07. At approximately 10:00 a.r. an July 7, T;estern Union called the Office of the Resident Officer in Charge Qf Constructi6n (ROICC) and read the telegram, which refer- enced the IFB and reduced.Sturm Craft's bid priie by $38,000. The individual who received the telephone call responded affirmatively to Weatern Union's query as to whether a confirmatory copy of the telegram was necessary. He gave no indication that delivery by telephone was unacceptable. The copy was received by the ROICC at 11:34 a.h. on July 8, after bi opening. f-1-

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