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B-191361 1 (1978-05-22)

handle is hein.gao/gaobadgbu0001 and id is 1 raw text is: 7. TiltV CCMPTROLLBA WIENEFIAL DECISION . F!. O THE UNITED UTATEs WASHIN GTON. 0.C . 2054 8 FILE: B-191361 DATE: May 22, 1978 MATTER OF: Tate Architectural ?roducts, Inc. DIGEST: A hand-carried bid, delivered after bid opening officer determined that time for bid openin9 had arrived, and after one bid had been opened and announced, may not be considered since officer reasonably relied on his watch in absence of wall clock and no persuasive evidence exists to con- tradict officer's determination. Yate Architectural Products, Inc. (Tate), protests i- e rejection of its bid under,-invitation for bids (IFB) .'NP-78-12-(JC) issued by the Department of Labor, Em- ployment and Training Administration, Washington, D.C. The IFB, as amended, provided that bids would be opened at 3 p.m. e.s.t., February 24, 1978 at the orfice of the architect for the project. Tate contends that itr hand-carried bid was tendered to the bid opening officer prior to 3 pm. and was improperly rejected as late. In support of its contention that its bid was sub- mitted prior to the 3 p.m. deadline Tate has provided an affidavit from the individual who delivered the bid. Tate's representative indicates that when he arrivcd in the bid opening room his watch showed the time as 2:57 p.m. and that he exhibited it to everyone in the bidding room but the bid was still rejected as late. In addition, Tate has supplied an affidavit from a representative of another bidder, whose bid was also rejected as late. That representative states that as he was entering the bid opening room, at 2:57 p.m., according to his watch,,.he heard a voice saying this bid is from Baron Builders. He then heard the bid price. He states that the Tate representative fol- lowed him into the bidding room. Tate argues that these statements show that its bid was tendered prior to the arrival of the bid opening

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