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B-192356 1 (1978-08-25)

handle is hein.gao/gaobadgjf0001 and id is 1 raw text is: I I I I Kb' FILE: 3-192356 MATTER DF: DATE: August 25, 1978 Jerry Warner and Associates DIGEST: 1. Late proposal sent via commercial carrier may not be considered for award and was properly rejected. 2. In absence of any guidance in Federal Procurement Regulations, cuntracting officer immediately returned late pro- posal 'to offeror. GAO recommends that oropo'als be held by agency, unopened, until after award. Jerr.,r Warner and Associates (Warner) pro%.ests the defermination that its late proposal could not be con- sidered Lnder request for proposals (RFP) 63,111 for production of a motion picture, issued by the U.S. Geological Survey, Department of Interior. The solici- tation provided that proposals would be received at the't Geological Survey, Reston, Virginia, until 3:00 p.m., local time, Juife 27, 1978. Warner's proposal was received at 12:49 p.m., June 28, 1973. The ccntractinq officer determined it was a late proposal and returnd it unopened, to Warner on June 29, 1978. Warner had obtained the services of a commercial air carrier to deliver its proposal. However, because of a mechaniczl malfunction of the aircraft, the pro- posal was not delivered by the time set for receipt. The general rule followed by our Office is that the offeror has the responsibility for the delivery of its proposal to the proper place at the proper time. Excep- tions to the general rule requiring rejection of late -9-i P r - 4 TH. COMPTROLLOR =WNWHA DSCIUION . . ... au orr HE UNITES UTATEE WASHINGTON, D.C. .0540 LC

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