Protest Concerning Late Proposal Rejection

B-193914: Feb 5, 1979

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Protester's proposal was rejected as late because it arrived the morning after the deadline, even though the U.S. Postal Service Express Mail Service guaranteed delivery on time. According to Defense Acquisition Regulations, a proposal will not be considered unless: (1) it was sent not later than the fifth calendar day prior to the date specified for receipt of offers; (2) the late receipt was due solely to mishandling by the government after receipt at the government installation; and (3) it was the only proposal received. The protester's proposal did not meet the first condition because it was mailed only 1 day before the deadline. Failure on the part of the post office does not constitute mishandling at a government installation; the regulation refers to mishandling after receipt of the offer in the agency's local office. Since it was clear that the protest meets none of the above conditions, GAO will decide the matter without requesting a report from the procuring agency involved.

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