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B-275113 1 (1997-01-23)

handle is hein.gao/gaocrptaftk0001 and id is 1 raw text is: oComptroller General of the United States Washington, D.C. 20548 Decision Matter of: Brazos Roofing, Inc. File: B-275113 Date: January 23, 1997 Alan M. Grayson, Esq., and Ronald B. Vogt, Esq., Grayson and Associates, for the protester. Karl Dix, Jr., Esq., Smith Currie & Hancock, for ACC Construction Company, Inc., an intervenor. Anne W. Westbrook, Esq., and Gregory W. Vanagel, Esq., Department of the Army, for the agency. Scott H. Riback, Esq., and John M. Melody, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST Protest that agency improperly rejected protester's bid as late is sustained where: (1) agency amended solicitation so close to the deadline for submitting bids that bid submission by facsimile was the only practicable alternative available to bidders; (2) facsimile machine designated in solicitation became inoperable for some indefinite period of time during the morning of the bid submission deadline; (3) protester transmitted its bid to an alternate facsimile machine based on advice from an agency employee other than the designated point of contact only after unsuccessfully attempting to telephone the designated contact; and (4) the protester's bid package arrived at the installation and was in the hands of agency officials by the deadline for submitting bids. DECISION Brazos Roofing, Inc. protests the award of a contract to ACC Construction Company, Inc. under invitation for bids (IFB) No. DACA21-96-B-0137, issued by the U.S. Army Corps of Engineers for hurricane damage repairs at Seymour Johnson Air Force Base, North Carolina. Brazos contends that the Army improperly rejected its low bid as late. We sustain the protest. 239124

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