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B-185917 1 (1976-08-03)

handle is hein.gao/gaobaddiy0001 and id is 1 raw text is: zTHE COlIPTROLLER GE111ERAL [N r- CC3DOF THE UNITED STATES VWA SHINGTON, D.C. 20548 FILE: 1-185917 DATE: August 3, 1976 MATTER OF: G. F. Business Equipment, Inc. DIGEST: 1. Late bid is properly considered for contract award under FPR 1-2.201(a)(31) where certified mail receipt indicates that bid was mailed more than 5 days prior to bid opening. 2. Possibility that late bid procedures may be subverted by bidder and postal service employee acting illegally does not warrant amendment of federal procurement regulations provision permitting acceptance of late bids sent more than 5 days prior to bid opening by certified mail. G.F. Business Equipment, Inc. (GF) protests contract awards made to Art Metal-U.S.A., Inc. (Art Metal) by the Federal Supply Service of the General Services Administration (GSA) under Invitation for Bids (IFB) No. FEFP-Tl-20000-A-11- 10-75 and IFB No. FEFP-T2-55915-A-1-29-76. As stated by the protester, the basis for the protest is that A * * the circumstances surrounding the receipt and acceptance by GSA of late bids from Art Metal in connection with these two solicitations, while meeting the mini- mum requirements of the late bid regula- tions of GSA, raise considerable doubt as to the efficacy and the fairness of GSA's bid regulations and requirements, but, more importantly,'as to the integrity of the competitive bid process. The essential facts regarding the two solicitations are the same. In each case, bids submitted by GF were low at the time of bid opening, only to be undercut by late bids submitted by Art Metal which arrived the day after bid opening. -In each case, Art Metal produced a certified mail receipt indicating that the - 1

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