[Protest of BOP Rejection of Late Bid for Construction]

B-257001: Aug 4, 1994

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A firm protested the Bureau of Prisons' (BOP) rejection of its bid for construction management services, contending that: (1) BOP should have accepted its late bid; (2) its bid's untimeliness was a result of government mishandling; and (3) it timely mailed its bid using the U.S. Postal Service's (USPS) 2-day priority mail service. GAO held that: (1) the protester's use of USPS 2-day priority mail service did not meet any of the exception criteria; (2) USPS failure to timely deliver the protester's bid did not constitute government mishandling; and (3) the Navy did not have a valid basis for accepting the protester's late bid. Accordingly, the protest was dismissed.