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B-186766 1 (1976-08-09)

handle is hein.gao/gaobadtei0001 and id is 1 raw text is: 0LR 373 THE COMPTROLLER GENERAL DECISION O F THE UN ITED. STATES 0WASHI NGTON. D. C. 20548 FILE: B-186766 DATE: August 9, 1976 MATTER OF: I&E orporated DIGEST: Telegraphic bid modification,.Government tim'e-stamped as received day after bid opening due to inability-of Western Union to timely deliver since building desig- nated in IFB for receipt of bids was locked was properly accepted even though clause in IFB implementing ASPR § 7-2002 appears to indicate opposite result since to do so would contravene intent and spirit of late bid regulations, which do not appear to have contemplated instant situation. This is a protest by I&E Construction Company Incorporated (I&E) against the proposed award of a contract to Conrad Weihnacht Construction, Inc. (Weihnacht), under invitation for bids (IFB) No. DAHA09-76-B-0023, issued by the United States Property and Fiscal Office, Atlanta, Georgia, for repairs to apron concrete slab sections at the Savannah Municipal Airport, Savannah, Georgia. I&E contends that a telegraphic modification sent by Weihnacht which reduced its bid below that of the protester was improperly accepted by the contracting officer as a timely modification. The IFB scheduled the bid opening for 2 p.m. on May 27, 1976. I&E was the low bidder of the seven bids received. The telegraphic modification, if proper for consideration, would make Weihnacht's bid the lowest. The IFB included a clause entitled Late Bids, Modifications of Bids or Withdrawal of Bids (1974 Sep), which contained the following: (a) Any bid received at the office designated in the solicitation after the exact time specified for receipt will not be considered unless it is received before award is made. and either: PUBLISHED DECISION -.5 Comp. Gon. . •. . t ' .- 1Z.7-~. 'T pr~ 7~2 ~ .

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