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B-185507 1 (1976-04-06)

handle is hein.gao/gaobaddqe0001 and id is 1 raw text is: THE COMPTLt.LLER GENERAL DECISION . OF THE UNITED STATES WASHINGTON, D.C. 20548 FILE: B-185507 DATE:April 6, 1976 MATTER OF: Fred Schwartz--request for reconsideration DIGEST: Upon request for reconsideration, prior decision holding late bid was properly rejected where late receipt did not result from mishandling by agency personnel is affirmed as protester has presented no new evidence demonstrating decision was based upon errors of fact or law. By letter dated March 6, 1976, Mr. Fred Schwartz requested reconsideration of our decision Fred Schwartz, B-185507, March 1, 1976. Briefly stated, the facts in that case were as follows: 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 December 9, 1975. Although Mr. Schwartz's bid (mailed from Los Angeles) 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. DSA rejected the bid as late pursuant to Part 3, paragraph C, of the Sale by Reference pamphlet (August 1973), incorporated by reference in the subject IFB, which provides: Bids and modifications or withdrawals thereof, must be in the possession of the Contracting Officer by the time set for bid opening. Any bid, modification, or withdrawal received after the time set for bid opening will not be considered unless received by the Contracting Officer prior to award, was mailed (or telegraphed where authorized) and in fact delivered to the address specified in the Invitation for Bids in sufficient time to have been received by the Contracting Officer by the time and date set forth in the Invitation for the bid opening, and, except for delay attributable to personnel of the sales office or their designees, would have been received on - 1 -

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