[Protest of BIA Rejection of Bid Modification]

B-211455: Jun 28, 1983

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A firm protested the rejection of its bid modification as late under a Bureau of Indian Affairs (BIA) solicitation for the construction of a school. The protester alleged that it delivered its modification to a telegraphic service within sufficient time for the service to transmit the modification to BIA in a timely manner. The protester asserted that its modification should have been considered because the fact that the agency did not receive the modification until after bid opening was not its fault. The solicitation provided that telegraphic bid modifications received late would be considered only if late receipt was due solely to Government mishandling after receipt at the installation. GAO found that Government mishandling in the process of receipt was not the paramount cause for the modification's late receipt, since the service did not actually transmit the modification until several hours past the time established for bid opening. Accordingly, the protest was denied.

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