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B-181052 1 (1974-07-10)

handle is hein.gao/gaobadcdi0001 and id is 1 raw text is: 0 EC I S 1DN / FILE: B-181052 00 ER k- / ~ )\THE COMPTROLLE~ EEA OF THE UNITED STATES ~ I WASHINGTON, r- C. 20548 DATE: July 10, 1974 95a&43 MATTER OF: Jack Faucett Associates DIGEST: Proposal which was delivered at 5:40 p.m., April 4 when RFP stated proposals would be received until 4:00 p.m., April 4, was properly rejected as late pursuant to FPR 1-3.802-1 which defines the three instances in which late proposals may be accepted, none of which is applicable here. Jack Faucett Associates (Faucett) has protested the rejection of its late proposal under request for proposals (RFP) DOT-FR-3007 issued by the Federal Railroad Administration (FRA). The RFP stated that offers would be received until 4:00 p.m., local time, Washington, D.C., April 4. Faucett's proposal was delivered to the -FRA at 5:40 p.m. on April 4, 1974, and was determined to be a late proposal and ineligible for award consideration pursuant to Part 6 of the RFP which reads, as follows: (a) Any proposal received at the office designated in the solicitation after the exact time specified for receipt will not be considered unless it is received before award is made, and: (1) It was sent by registered or certified mail not later than the fifth calendar day prior to the date specified for receipt of offers (e.g., an offer submitted in response to a solicitation requiring receipt of offers by the 20th of the month must have been mailed by the 15th or earlier); (2) It was sent by mail (or telegram if authorized) and it is determined by the Government that the late receipt was due solely to mishandling by the Government after receipt at the Govern- ment installation; or - 1 -

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