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B-270068 1 (1996-02-06)

handle is hein.gao/gaocrptadwa0001 and id is 1 raw text is: Comptroller General of the United States Washington, D.C. 20548 Decision Matter of: J.C.N. Construction Co., Inc. File: B-270068; B-270068.2 Date: February 6, 1996 Douglas L. Patin, Esq., Spriggs & Hollingsworth, for the protester. David P. Ray, Esq., Amerling & Burns, for D.L. Poulin, Inc., an interested party. Howard B. Rein, Esq., Cynthia S. Guill, Esq., and Christopher M. Bellomy, Esq., Department of the Navy, for the agency. Wm. David Hasfurther, Esq., and Michael R. Golden, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST A late commercial carrier-delivered bid may be considered if its late receipt is due to government mishandling after the bid is received. However, the time of the agency's receipt of the bid prior to bid opening must be established. Where the sole evidence of receipt is the carrier's records, the time of receipt cannot be properly established, and the bid must be rejected. DECISION J.C.N. Construction Co., Inc. protests the award to D.L. Poulin, Inc. under Department of the Navy invitation for bids (IFB) No. N62472-94-B-0421, issued for construction on a hangar at the Brunswick, Maine, Naval Air Station. J.C.N. maintains that Poulin's bid should have been rejected as late. We sustain the protest. The IFB, issued on August 8, 1995, set bid opening for 2 p.m. on September 8. Seven bids were received. Poulin's bid consisted of a facsimile of a telegram submitted by Western Union to the agency from Poulin acknowledging its receipt of amendment 0003 and reducing its bid price by $1,141,496. The telegram, however, gave no indication of what bid amount was being reduced. When bids were opened, J.C.N.'s bid was the low responsive bid. After bid opening, Poulin complained that the agency had failed to consider the bid it submitted prior to its telegram. On September 20, the agency discovered Poulin's original bid in the agency bid box under a yellow page of paper that the agency maintained on the bottom of the box. The agency reports that the box can be 23125

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