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B-245417 1 (1992-02-10)

handle is hein.gao/gaobadnzx0001 and id is 1 raw text is: 


SAAR       Comptroller General
           of the United States
           Washington, D.C. 20548
           Decision




           Matter of:      Bartomeli Company, Inc.

           File:           B-246060

           Date:          February 10, 1992

           V. Michael Simko, Jr., Esq., Simko & Elstein, for the
           protester.
           Robert E. Beeton, Department of Veterans Affairs, for the
           agency.
           Ralph 0. White, Esq., and Andrew T. Pogany, Esq., Office of
           the General Counsel, GAO, participated in the preparation of
           the decision.

           DIGEST

           Protest that agency acted improperly in continuing with bid
           opening and award is sustained where protester's bid was
           prematurely opened, read aloud, and recorded on an unrelated
           bid abstract 1 day prior to scheduled bid opening, and where
           agency failed to give sufficient time for protester to
           revise its bid.

           DECISION

           Bartomeli Company, Inc. protests the premature opening and
           disclosure of its bid, submitted pursuant to invitation for
           bids (IFB) No. 689-54-91, to construct and replace storm
           drains at the Department of Veterans Affairs (VA) Medical
           Center in West Haven, Connecticut. Bartomeli complains that
           its competitive price for the storm drain procurement was
           disclosed when VA mistakenly opened its bid 1 day prior to
           bid opening.

           We sustain the protest.

           BACKGROUND

           The facts in this protest are not in dispute. The IFB for
           VA's storm drain replacement project set bid opening for
           10:00 a.m. on September 26, 1991. Bartomeli submitted its
           bid 1 day early. Upon receipt, the bid was stamped by the
           agency with the date and time--9:08 a.m., September 25--and
           placed in the facility's bid deposit box.


                          -?S

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