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B-212800 1 (1983-10-25)

handle is hein.gao/gaobadljt0001 and id is 1 raw text is: THE COMPTROLLER GENERAL DECISION .. OF THE UNITEO STATES WASHINGTON. D.C. 20548 FILE: B-212800 DATE: October 25, 1983 MATTER OF: Veterans Administration--Request for Advance Decision DIGEST: A late bid improperly returned to the bid- der by the contracting officer is not prima facie unacceptable, and may now be opened and considered for award on the basis of proof that the lateness was due solely to mishandling by the agency during the process of receipt and that the sealed bid envelope had not been opened and resealed. The Director, Office of Procurement and Supply, Veter- ans Administration (VA), requests an advance decision on a protest filed with the VA Medical Center, Kerrville, Texas, by Alamo Builders, Inc. regarding a bid submitted by the firm in response to invitation for bids (IFB) No. 591-47-83. Alamo's bid was received after the time set for bid opening and was returned to the firm unopened by the Center's con- tracting officer. Alamo contends that the bid was improp- erly returned and should now be considered for award. After careful investigation and analysis, we conclude that the lateness of the bid was due solely to government mishan- dling, that there is proof that the bid package has not been tampered with, and that the bid may now be opened and considered for award. The bid opening took place at 1:00 p.m. on June 20, 1983. Alamo's bid was sent by certified mail and was re- ceived in the Center's mail room at 10:13 a.m. on June 21. The contracting officer determined that Alamo's bid was late and returned the bid package to the firm unopened. Shortly thereafter, in response to Alamo's request for an investiga- tion, the contracting officer obtained evidence from the Kerrville Post Office that thef hid had been picked up by the Center's driver at approximately 9:00 a.m. on June 20, some 4 hours prior to the time set for bid opening, and more than 25 hours before the bid was time/date stamped at the Cen- ter's mail room. The VA is of the opinion that because the Center's driver had possession of the bid prior to bid opening, the bid was not late and should have been opened

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