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B-193984 1 (1979-02-23)

handle is hein.gao/gaobadgyt0001 and id is 1 raw text is: <5 THE COMPTROLLER GENERAL DEC~SDN ~OF THE UNTDSTATES WASHINGTON. D.C. 20548 FILE: DATE: February 23, 1979 B- 193984 MATTER OF: Hesse Machine & Mfg. Co. Inc. DIGEST: 1&V-/4 1. Bidder who selects other than registered or certified mail when using postal service to mail bid assumes risk of late delivery. Therefore, late bid sent regular mail may not be considered even though late receipt allegedly resulted from unforeseen severe weather conditions. 2. Protest is summarily denied where protester's initial submission demonstrates affirmatively that protester is not entitled to relief. Hesse Machine & Mfg. Co. Inc. (Hesse) has protested the United States Army Materiel Readiness Command's (Army) refusal to consider its bid which was received after the time specified in invitation for bids (IFB) No. DAAAO9-79-B-4222. Hesse maintains that its bid was sent by regular mail and postmarked January 12, 1979, which is more than enough time for the bid to travel from Boston, Massachusetts, to Rock Island, Illinois, and arrive prior to the scheduled bid opening on January 18, 1979. Further, Hesse advises that the reason for its bid's late arrival was a severe snowstorm in the Chicago area during January 13 and 14, an act of God, causing the delivery of mail to stop for days. We believe the issue presented may be decided on the basis of the protester's initial submission and without further development pursuant to our protest procedures, 4 C.F.R. Part 20, et seq. (1978), because the documents submitted, and read'Tn the light most favorable to the protester, affirmatively demonstrate that the protester is not entitled to relief. See Hawthorn Mellody, Inc., B-190211, November 23, 1977, 77-2 CPD 406.

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