Protest of Bid Rejection for Lateness

Gross Engineering Company requested reconsideration of a GAO decision denying the firm's protest against the rejection of its bid as late under an invitation for bids issued by the U.S. Penitentiary at Leavenworth, Kansas. The firm contended that, since mail to Leavenworth is picked up by a Leavenworth employee at the Leavenworth Post Office, receipt at the Government installation should be determined when that employee has received the package. GAO believed that the only acceptable evidence to establish timely receipt at the Government installation is the time/date stamp on the bid wrapper or other documentary evidence. In this instance, the time/date stamp affixed to the envelope indicating receipt at the Leavenworth Post Office was not legible. The only evidence available to indicate receipt was the time/date stamp on the envelope, and this stamp indicated late receipt. Therefore, the decision was reaffirmed.