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B-184155 1 (1976-02-26)

handle is hein.gao/gaobaddfp0001 and id is 1 raw text is: I ER THE COMPTROLLER GENERAL DECISIin / . OF THE UNITED STATES WASHINGTON, D.C. 20548 FILE: B-184155 DATE: February 26, 1976 MATTER OF: Free State Builders, Inc. DIGEST: Bid discovered in bid box after bid opening is not for consideration although bidder states that its bid was deposited in box prior to bid opening. In absence of independent evidence establishing when bid was deposited, integrity of competitive process requires bid not be considered. Free State Builders, Inc. (Free State) protests the determination by the General Services Administration (GSA) that its bid on contract No. GS-03B-49531 was late and therefore was not eligible for award. The invitation for bids was issued March 11, 1975, and provided that sealed bids in duplicate would be received until 1:30 p.m. on April 11, 1975, in-room 1701, Regional Office Building. The President of Free State states that at 12:26 p.m. on April 11, he dropped his company's bid into a receptacle provided for receipt of bids. This bid box is described in GSA's report on the protest as follows: The bid room is equipped with a bid box set in the wall. From the hallway outside, bids may be dropped through a slot into the bid box inside the bid room. Whenever the flap on the slot is lifted, it activates a buzzer to alert personnel on duty in the bid room that a bid has been dropped. The bid box itself, which is inside the bid room, is 20 inches square; the front, facing employees on duty in the bid room, is a glass door in a 2 1/2 wooden frame. Personnel on duty in the bid room make it a practice to pick up bids from the bid box immediately whenever the buzzer sounds. Notwithstanding Free State's allegation of timely bid submission, its bid was not discovered in the box until 1:48 p..m., after bid opening., GSA's report describes the circumstances surrounding discovery of Free State's bid as follows: - 1 -

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