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B-278597 1 (1998-01-23)

handle is hein.gao/gaocrptahpg0001 and id is 1 raw text is: Comptroller General of the United States Washington, D.C. 20548 Decision Matter of: Denny's Rock & Driveway File: B-278597 Date: January 23, 1998 William V. Baumgartner, Esq., for the protester. James L. Weiner, Esq., Department of the Interior, 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 Bid sent via United States Postal Service Express Mail only 1 business day before bid opening was properly rejected as late where it was received at the agency installation after bid opening as a result of the protester's actions. DECISION Denny's Rock & Driveway protests the rejection of its bid as late under invitation for bids (IFB) No. 1448-98695-97-B505, issued by the United States Department of the Interior, United States Fish and Wildlife Service for certain dike repairs. The protester's bid was rejected because it was not received by the agency until after bid opening. We deny the protest. The solicitation, as amended, instructed bidders that bids were due by 2 p.m. on October 15, 1997, and that bid envelopes should be marked to show the bidder's name and address, the solicitation number, and the time specified for receipt. The IFB included the late bid clause, Federal Acquisition Regulation (FAR) § 52.214-7(a), which provides, in relevant part, as follows: Any bid received at the office designated in the solicitation after the exact time specified for receipt will not be considered unless . . . sent by U.S. Postal Service Express Mail Next Day Service . . . not later than 5:00 P.M. at the place of mailing two working days prior to the date specified for receipt of bids.

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