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B-274513 1 (1996-11-05)

handle is hein.gao/gaocrptaemg0001 and id is 1 raw text is: Comptroller General of the United States Washington, D.C. 20548 Decision Matter of: Educational Planning & Advice, Inc. File: B-274513 Date: November 5, 1996 Katja M. Ognyanovich for the protester. Nicholas P. Retson, Esq., and Thomas J. Duffy, Esq., Department of the Army, for the agency. Linda C. Glass, Esq., and Paul I. Lieberman, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST Postponing the date set for bid opening is within the contracting officer's discretion. Determination to proceed with bid opening despite a hurricane emergency does not constitute an abuse of discretion where the agency was able to remain open for business through bid opening and four bids were timely received. DECISION Educational Planning and Advice, Inc. (EPA) protests the Department of the Army's refusal to postpone bid opening for invitation for bids (IFB) No. USZA92-96-B-0505, for the operation of Special Operations Language Laboratories and Language Support Center at Fort Bragg, North Carolina. We deny the protest. The IFB, as amended, provided for bid opening on September 5, 1996, at 2 p.m., and did not authorize facsimile bids. EPA's bid was not included among those presented and opened at the scheduled bid opening; the protester's bid was delivered to the agency the next day. EPA states that it sent its bid on September 4 via USAIR's express delivery service, and that the bid arrived at the Fayetteville airport in the early morning of September 5. EPA states that because of a hurricane, on September 5 the governor of North Carolina declared a state of emergency and issued an order for all companies and businesses within the state to cease business activities at noon. EPA states that at 1:30 p.m. on September 5, it called the agency and unsuccessfully requested that the bid opening be postponed or in the alternative that it be allowed to send a telefacsimile of its bid that was at the USAIR ticket counter at the Fayetteville airport, but could not be picked up because of the state of emergency. 249115

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