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[Protest of National Guard Bureau Rejection of Bid for Rustproofing as Late]

B-219716 Published: Aug 19, 1985. Publicly Released: Aug 19, 1985.
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Highlights

A firm protested the rejection of its bid as late under an Army invitation for bids for rustproofing military tactical vehicles. The protester had complied with Army instructions in addressing and marking its bid envelope but had sent the bid through a commercial delivery service which placed it in an overnight letter pouch with no indication that it contained a bid. Consequently, although the bid arrived at a central receiving section on time, it was late in arriving at the depository for hand-carried bids. The protester contended that delivery of the pouch to the central receiving area fulfilled its responsibility and that it was government mishandling that caused its late receipt. GAO held that the bidder was responsible for timely delivery of its bid to the designated office and that receipt elsewhere was insufficient unless the agency's wrongful or improper action had caused the bid's late arrival. GAO found that, since the protester had not properly marked the bid envelope, the protester was responsible for the bid's late arrival and that the bid had been properly rejected as late. Accordingly, the protest was dismissed.

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Bid rejection protestsBid responsivenessLate bidsMail delivery problemsU.S. ArmyBid evaluation protestsNational GuardBidder responsibilityIntellectual property rightsFederal regulationsFederal acquisition regulations