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B-400065 1 (2008-07-14)

handle is hein.gao/gaocrptaway0001 and id is 1 raw text is: 




A         G    A    O                                                   Comptroller General
.       Accountability * Integrity * Reliability                        of the United States
United States Government Accountability Office
Washington, DC 20548



          Decision


          Matter of: Aquaterra Contracting, Inc.

          File:        B-400065

          Date:        July 14, 2008

          Timothy A. Sullivan, Esq., Payne Hackenbracht & Sullivan, for the protester.
          Parag J. Rawal, Esq., and Deena G. Braunstein, Esq., Department of the Army, Corps
          of Engineers, for the agency.
          Susan K. McAuliffe, Esq., and Christine S. Melody, Esq., Office of the General
          Counsel, GAO, participated in the preparation of the decision.
          DIGEST

          Protest of agency's rejection of bid as late is denied where bidder's failure to address
          and label its bid package as instructed by the solicitation was paramount cause of its
          late arrival to bid opening location.
          DECISION

          Aquaterra Contracting, Inc. protests the rejection of its bid as late under invitation
          for bids (IFB) No. W912P8-08-B-0019, issued by the Department of the Army, Corps
          of Engineers, for dolphin replacement work at Calcasieu Lock, Calcasieu Parish,
          Louisiana.

          We deny the protest.

          The IFB, as amended, required that sealed bids be submitted by 2 p.m. on
          February 11, 2008; bids were to be addressed to the attention of a particular
          contracting specialist (the identified point of contact for the procurement) at a post
          office box address in New Orleans, Louisiana. IFB, Standard Form 1442.' The IFB
          also advised that bids were to be submitted in sealed envelopes labeled with the time
          and date for receipt, the solicitation number, and the name and address of the

          'Amendment No. 2 to the solicitation notified all prospective bidders that the
          contracting specialist initially identified in the IFB would no longer be the point of
          contact for the procurement and identified another contracting specialist as the new
          point of contact.

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