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B-184324 1 (1976-05-17)

handle is hein.gao/gaobaddmx0001 and id is 1 raw text is: V.LER C., 7 THE COMPTROLLER GENERAL DECISION OF. THE UNITED STATES WAS INGTON, 0.C. 20 FILE: B-184324 DATE: May 17, 1976 MATTER OF: Century Hardware Corporation DIGEST: 1. Where proposal mailed less than 5 days prior to closing date for receipt of proposals is received late, Armed Services Procurement Regulation (1974 ed.) does not provide for its consideration even though United States Postal Service employee may have made assurances that item would be delivered in time andthe agency may have been telephonically informed that proposal was being sent. 2. Protester's contention that its late offer should be opened and considered,as only way to determine reasonable- ness of other offeror's price is through comparison with competition,is without merit in view of price analysis techniques available to agency. On May 22, 1975, a proposal submitted by the Century Hardware Corporation was received by the United States Air Force in response to request for proposals No. F04605-75-09033 issued April 25, 1975. As the closing date for receipt of proposals had been May 21 and Century's proposal had not been mailed 5 or more days prior to that date, the Air Force determined that Century's proposal was late and refused to consider it. Century protests the Air Force's decision, contending that its proposal should be considered or new proposals should be solicited. The solicitation requested offers for the operation of a civil engineer supply store at Anderson Air Force Base, Guam. The last of several clarifying amendments was issued on May 14, 1975. In different portions of its protest, Century has identified both May 16 and May 19 as the date upon which it received the amendment. Apart from this factual inconsistency, it appears that on May 16, a repre- sentative of Century telephoned the Air Force and stated that Century would not be mailing its offer until May 19. Century's president also advises that on May 19, he called an employee at Strategic Ai: Command Headquarters to inform: - 1 -

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