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B-189345 1 (1978-08-01)

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MATTER   OF:


B-18934i


DATE: August 1,


1978


Scot, Incorporated


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     * * * The IFB specified
received in Room A-148, Build
stone Arsenal in Alabama unti
'CST' (Central 2tandard Time)


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that bids
nrg 4488,
'1300'  (
May  20,


would
at the
1 pIm.)
1977.


be
Red-


     'Scot's bid was properly addressed and
ientified  as a bid.  The bid number,  opening
date and time, and delivery deutination  were on
the wrapper.  The bid was delivered  by Federal
Express, a commerical  carrier, to Brilding 8022
at the Redstone Arsenal at 10:20 a.m.  on May 20,
1977.  Apparently, the carrier  attempted to
deliver Scot's bid to Room A-148, Building  4488,


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     Claim for bid preparation costs  based
     on Government's  improper rejection of
     late bid is deniec where Government
     mishandling that caused lateness  amounted
     to only simple negligence, rather  than
     gross negligence or willful  action, and
     contracting office',''s determination that
     bid could not be accepted was not  atbi-
     trary and capricious,

     Scot, Incorporate   (.Scot), claims bid preparation
costs in the amount of 12,772.60 for  its bid submitted
in response to an invitation  for bids (IPB) for explo-
sive actuators, issued by the UnitedlStates  Missile and
Readiness Command  (MIRCOM). The claim was  submitted in
response to our decision  in ScottJcorporated,   57 Comp.
Gen, 119 (1977), 77-2 CPD 425,  in which we sustained
Scot's protest concerning the uolicitation   and stated
that we would consider a claim  for bid preparation costs.

     Scot's low bid was rejected by  the contracting officer
(C.O.) because it was not received  in the office designated
for receipt of bids until 4 daya after bid  opening.  The
salient facts, as stated  in our prior decision, are as
follows:


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