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B-279111.2 1 (1998-07-01)

handle is hein.gao/gaocrptahrn0001 and id is 1 raw text is: oComptroller General of the United States Washington, D.C. 20548 Decision Matter of: Pacific Tank Cleaning Services, Inc. File: B-279111.2 Date: July 1, 1998 C. Patrick Callahan, Esq., Callahan, Little & Sullivan, for the protester. Vicki E. O'Keefe, Esq., Department of the Navy, for the agency. Robert Arsenoff, Esq., and Paul I. Lieberman, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST Agency improperly considered a late bid under the government mishandling exception where the evidence of record does not establish that the bid was timely received and remained under the government's control until it was first discovered 6 days after bid opening. DECISION Pacific Tank Cleaning Services, Inc. (Pac Tank) protests the decision of the Department of the Navy to consider a late bid from California Marine Cleaning, Inc. (Cal Marine) under invitation for bids (IFB) No. N63387-96-B-3145, a total small business set-aside for hazardous waste pumping and transportation services in the San Diego, California area. The protester alleges that the record does not establish that Cal Marine's bid was timely received and remained under the government's control until it was discovered 6 days after bid opening. We sustain the protest. The IFB, which contemplated an indefinite-quantity contract for a base year with four 1-year options, was issued on December 9, 1997. It provided that hand-carried bids would be received at the depository located in Building 291 of the Naval Station in San Diego until 10 a.m. on January 8, 1998. Shortly before 10 a.m. on January 8, bidder representatives convened in a reception area in Building 291 in which the bid depository (bid box) is located. At 10 a.m., a procurement technician and a contract specialist entered the reception area; the technician then announced that the time for bid opening had arrived and directed bidder representatives to an adjacent conference room where bid opening was to occur.

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