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B-413406,B-413406.2 1 (2016-10-21)

handle is hein.gao/gaobadsqs0001 and id is 1 raw text is: G A O Comptroller General Accountabilty * Integrity * Reliability of the United States United States Government Accountability Office Washington, DC 20548 Decision Matter of: Athena Construction Group, Inc. File: B-413406; B-413406.2 Date: October 21, 2016 Carol L. O'Riordan, Esq., Anthony J. Marchese, Esq., and Taimur Rabbani, Esq., O'Riordan Bethel Law Firm, LLP, for the protester. Benjamin M. Diliberto, Esq., Department of Veterans Affairs, for the agency. Matthew T. Crosby, Esq., and Christina Sklarew, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST Protest challenging agency's acceptance of a bid received in the bid opening room after the time set for bid opening is denied where the record shows the bid was received at the government installation's mailroom and was under the government's control before the time set for the receipt of bids. DECISION Athena Construction Group, Inc., of Triangle, Virginia, protests the award of a contract to R&R Construction Services, Inc., of Moon Township, Pennsylvania, by the Department of Veterans Affairs (VA), National Cemetery Administration, under invitation for bids (IFB) No. VA786A-16-B-0046 for road repair services at the Baton Rouge National Cemetery in Baton Rouge, Louisiana. Athena alleges that the agency should have rejected R&R's bid as late. We deny the protest. BACKGROUND The agency issued the solicitation on May 18, 2016 as a service-disabled veteran-owned small business set-aside. IFB at 1. The solicitation called for various road repair services, including milling, paving, and replacing gravel and concrete in certain areas with pavement. See IFB, amend. No. A00001, at 2. The solicitation provided that award would be made to the responsible bidder whose bid, conforming to the invitation, will be most advantageous to the Government, considering only price and price-rated factors. IFB at 1.

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