Protest of Bid Rejection for Lateness

A company protested the rejection of its bid as late, contending that it had sent its bid in accordance with the instructions on an outdated bid package. The protester had not been on the agency's bidders list and had learned of the procurement from a trade magazine. The bid was then sent in accordance with the instructions on an obsolete bid package the protester obtained from an agency field office. As a result, the bid went to the Small Business Administration (SBA) and was forwarded to the procuring agency by the SBA. The bid was therefore received late. GAO held that the propriety of a particular procurement depends on the adequacy of the competition and the reasonableness of prices received. Since the agency obtained adequate competition and reasonable bid prices and did not intentionally preclude the protester from competing, the agency's failure to furnish the protester with a correct solicitation package, resulting in the late bid, did not provide a basis to disturb the award. Accordingly, the protest was denied.