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B-185507 1 (1976-03-01)

handle is hein.gao/gaobaddfk0001 and id is 1 raw text is: V-okL.FR c 'THE COMPTROLLER GENERAL DECISION OF THE UNITED STATES WASHINGTON, D. C. 20548 FILE: B-185507 DATE: March 1, 1976 MATTER OF: Fred Schwartz DIGEST: Where protester's bid was date stamped day after bid opening and delay by sales office personnel or designees not shown, bid was properly rejected where IFB provides that bids must be in possession of contracting officer by time set for bid opening and bids received after open- ing will not be considered unless received before award and mailed and delivered to proper address in time to have been received by contracting office before bid opening except for delay attributable to personnel of sales office or designees. The Defense Property Disposal Region, Defense Supply Agency (DSA), Ogden, Utah, solicited bids pursuant to invitation for bids (IFB) 41-6233 for the sale of various surplus items with bid opening set for 10 a.m., December 9, 1975. Mr. Fred Schwartz has protested the rejection of his bid by DSA as late. Although Mr. Schwartz's bid was postmarked December 6, 1975, it was not received by DSA at Ogden Station, Ogden, Utah, until December 10, 1975 (the bid envelope bears a December 10, 1975, DSA date stamp), 1 day after bid opening. Mr. Schwartz contends that his bid was late due solely to mishandling by DSA personnel and therefore that it should be con- sidered as timely. In support of such contention Mr. Schwartz argues: (1) he mailed his bid at the World Airways Postal Station, Los Angeles International Airport, at 11 a.m. on December 6, 1975; (2) there were 17 mail flights between December 6, 1975, and December 8, 1975, from Los Angeles, California, to Salt Lake City, Utah, that his bid could have been on. (Mail going from Los Angeles, California, to Ogden, Utah, apparently moves by air from Los Angeles to Salt Lake City and by truck from Salt Lake City to Ogden); and (3) it usually takes 3 days for mail deposited prior to 5 p.m. at Los Angeles to travel from Los Angeles to Ogden. Mr. Schwartz

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