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B-285484 1 (2000-08-22)

handle is hein.gao/gaocrptaldo0001 and id is 1 raw text is: 



                   -e GeAtOa
 __Comptroller General
                                                                of the United States
United States General Accounting Office
Washington, DC 20548



         Decision


         Matter of: Carroll Gene Brewer

         File:      B-285484

         Date:      August 22, 2000


         M. Keith Blythe, Esq., for the protester.
         Lori Polin Jones, Esq., Department of Agriculture, for the agency.
         Jeanne W. Isrin, Esq., and John M. Melody, Esq., Office of the General Counsel, GAO,
         participated in the preparation of the decision.
         DIGEST

         Agency properly considered timber sale bid as a mishandled late bid where it was
         not discovered until after bids were opened due primarily to failure of procurement
         officials to check bid receiving official's desk for bids prior to bid opening.
         DECISION

         Carroll Gene Brewer protests that the Forest Service, Department of Agriculture,
         should have rejected as late the high bid submitted by Travis Lumber Company
         under the Little Bigger Timber Sale, Ozark-St. Francis National Forests, Arkansas.

         We deny the protest.

         The facts here are undisputed. The timber sale prospectus stated that bids would be
         opened on May 18, 2000 at 2 p.m., and provided the following mailing address:
         Ozark-St. Francis National Forests, ATTN: Contracting Officer, 605 West Main
         Street, Russellville, AR 72801. Agency Report (AR), exh. A, Timber Sale
         Prospectus, at 1. Bids were to be enclosed in a sealed envelope marked with Bid for
         Timber and the sale name or number and the date and time of bid opening. AR,
         exh. A, Timber Sale Prospectus, Bid for Advertised Timber, Instructions to Bidders,
         at 7.

         At approximately 1:30 p.m. on May 18, an agency staff officer retrieved from the
         mailroom all of the mail addressed to the contracting officer and, at 1:40 p.m., since
         the contracting officer was away from his desk, placed it on the contracting officer's

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