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B-290282 1 (2002-07-02)

handle is hein.gao/gaocrptaofd0001 and id is 1 raw text is: G A 0 Comptroller General Accountability * Integrity* Reliability of the United States United States General Accounting Office Washington, DC 20548 Decision Matter of: J. L. Malone & Associates File: B-290282 Date: July 2, 2002 Joel S. Rubinstein, Esq., Bell Boyd & Lloyd, for the protester. Matthew S. Simchak, Esq., John A. McCullough, Esq., and Emily W. Murphy, Esq., Wiley Rein & Fielding, for Garnet Electric Company, Inc., an intervenor. Sumara M. Thompson-King, Esq., and Christi L. Dame, Esq., National Aeronautics and Space Administration, for the agency. Paula A. Williams, Esq., and Michael R. Golden, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST Protest against agency's acceptance of late hand-carried bid is denied where the bid was received at the government installation and was effectively under the government's control prior to the scheduled bid opening, notwithstanding the role played by a contractor in receiving and controlling the bid. DECISION J. L. Malone & Associates protests the decision by the National Aeronautics and Space Administration to accept the apparent low bid submitted by Garnet Electric Company, Inc. under invitation for bids (IFB) No. MSFCO-02-05, issued for the construction of an electrical substation at the Marshall Space Flight Center (MSFC) in Huntsville, Alabama. Malone, the second low bidder, argues that the Garnet bid should have been rejected as late because the bid was not received in the designated bid opening room until after the time scheduled for bid opening, and the circumstances did not meet the regulatory standard for acceptance of a late bid. We deny the protest. The IFB required bids to be submitted by 1:30 p.m. on April 9, 2002 in room 36 of MSFC's Building 4250; the designated place for bid opening was Room 38 in Building

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