Skip to main content

Protest Concerning Proposal Rejection

B-193357 Published: Jun 19, 1979. Publicly Released: Jun 19, 1979.
Jump To:
Skip to Highlights

Highlights

A company protested the award of a contract, asserting that a telegraphic modification which reduced its bid price below that of the awardee was improperly rejected as a late modification. According to Western Union records, the telegram arrived at the Government installation 5 minutes before the scheduled bid opening time. However, the telegram was not marked as a bid or modification and had it been opened upon receipt, nothing would have been found specifying the time of bid opening or indicating any urgency. The date and time of receipt was inserted 1 hour and 12 minutes after bid opening, according to Government records. In the absence of acceptable evidence that the bid modification was received prior to bid opening, the bid was properly rejected as late. The only acceptable evidence to establish the time of receipt by the Government installation is the time/date stamp of such installation on the bid wrapper or other documentary evidence of receipt maintained by the installation. Although the evidentiary rule does not apply if the Government prevents delivery, the record does not indicate that the Government did so in this case. Furthermore, even if the protester could show by acceptable evidence that the bid modification was received at the Government installation 5 minutes before bid opening, it is unrealistic to assume that a document not marked as a bid or bid modification should have reached the designated office within the installation prior to bid opening. The protest was denied.

Full Report

Office of Public Affairs