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B-280015.2 1 (1998-08-25)

handle is hein.gao/gaocrptahuj0001 and id is 1 raw text is: 


oComptroller General
             of the United States
             Washington, D.C. 20548
             Decision




             Matter of: Adirondack Construction Corporation

             File:       B-280015.2

             Date:       August 25, 1998

             David G. Anderson, Esq., Couch, White, Brenner, Howard & Feigenbaum, for the
             protester.
             Walter G. Breakell, Esq., Breakell & Couch, for Charles A. Gaetano Construction
             Corp., an intervenor.
             Joseph J. Cox, Esq., and Madeline Shay, Esq., Department of the Army, for the
             agency.
             Paul E. Jordan, Esq., and Paul Lieberman, Esq., Office of the General Counsel, GAO,
             participated in the preparation of the decision.
             DIGEST

             Protest of rejection of late bid is denied where, while the agency changed the bid
             opening room less than 1 hour before bid opening, the agency reasonably
             determined that the bidder's actions significantly contributed to the late receipt of
             the bid.
             DECISION

             Adirondack Construction Corporation protests the rejection of its late bid under
             invitation for bids (IFB) No. DACA51-98-B-0014, issued by the U.S. Army Corps of
             Engineers, for renovation of a building in Rome, New York. Adirondack contends
             that actions by the agency were the paramount cause for the late receipt of
             Adirondack's bid.

             We deny the protest.

             The IFB provided that [s]ealed offers in original and 2 copies to perform the work
             required are due at the place specified in Item 8 by 1400 hour[s], local time [on May
             6, 1998]. IFB, Standard Form 1442, Item 13.A. Item 8 designated the place for
             receipt of bids as NYDUS Army Corps of Engineers, 26 Federal Plaza, Room 1843,
             New York, New York. Adirondack's representative (Mr. D) arrived at 26 Federal
             Plaza and located room 1843 approximately 1.5 hours before the 2 p.m. bid opening
             time.

             Room 1843 is a large room that contains some 20 modular cubicles constructed of
             partial walls approximately 5 feet in height. According to affidavits submitted by
             Mr. D, after entering the room, he observed an empty desk to the left of the

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