HeinOnline is a subscription-based resource containing thousands of academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.
![handle is hein.gao/gaocrptalfa0001 and id is 1 raw text is:
-e GeAtOa
E Comptroller General
of the United States
United States General Accounting Office
Washington, DC 20548
Decision
Matter of: Vijaydimon (U.S.A.) hie.
File: B-286013
Date: September 29, 2000
Leonard Reiss, Esq., Toback, Hyman & Bernstein, for the protester.
Sharron J. Philo, Esq., and Essie Schloss, Esq., Defense Logistics Agency, for the
agency.
Paul I. Lieberman, Esq., and Michael R. Golden, Esq., Office of the General Counsel,
GAO, participated in the preparation of the decision.
DIGEST
Protest against agency's acceptance of late bid modification is denied where the
modification was sent by certified mail earlier than 5 days prior to the bid opening
date, satisfying the requirements of the solicitation's late bid exception provision.
DECISION
Vijaydimon (U.S.A.) Inc. protests the award of a contract for the sale of a number of
lots of industrial diamond stones to Oriental Supreme Ltd. by the Defense Logistics
Agency under invitation for bids (IFB) No. DLA-Diamonds-009. The protester asserts
that DLA improperly accepted Oriental's late bid modification.
We deny the protest.
The IFB, which is for the sale of surplus diamonds to the highest bidders on a lot by
lot basis, states that bid opening would be held on July 6, 2000, at 1 p.m. at the
Defense National Stockpile Center, Fort Belvoir, Virginia. The solicitation included
a provision entitled Late Submissions, Modifications, and Withdrawals of Bids,
governing the treatment of late bids. In particular, the provision states that [a]ny
bid [or bid modification] received ... after the exact time specified for receipt will
not be considered unless it is received before award and it ... [w]as sent by
registered or certified mail not later than the fifth calendar day before the day
specified for receipt of bids, providing further that [t]he only acceptable evidence
to establish the date of mailing of a late bid or modification sent either by U.S. Postal
Service registered or certified mail is the U.S.... postmark both on the envelope or](ViewImageLocal?handle=hein.gao/gaocrptalfa0001&div=1&collection=&method=preview&ext=.png&size=3)