Protest of Bid Modification Rejection

B-204665: Mar 8, 1982

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A firm protested the Army's rejection of its bid modification as late. The protester sent the bid modification by mailgram several days before the bid opening, but the modification was stamped as being received late. The protester contended that the mailgram was recorded as late due to Government mishandling after it was received. The protester also suggested that the regulations which govern the acceptability of late bids and modifications be revised so that late bids sent by mailgram can be accepted if they are sent no later than the third day before bid opening. The record showed that, even if the protester's bid modification had been accepted, its bid would not have been the lowest; therefore, the question of whether it was proper to reject the late bid modification was academic and was not considered by GAO. Further, GAO does not have the authority to revise the regulations governing acceptance of late bids. Accordingly, the protest was dismissed.