[Protest of Bid Rejection Under Panama Canal Commission Solicitation]

B-213270: Oct 25, 1983

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A firm protested the rejection of its late bid by the Panama Canal Commission. The protester contended that the contracting officer should have extended the bid opening date because of an alleged error in the solicitation and should not have rejected its bid as late. The contracting officer had refused the protester's request to extend the bid opening time and rejected the protester's bid as late. To the extent that the protest involved improprieties in the solicitation, GAO refused to consider the matter because this protest, which was first filed with the agency, was not filed within 10 working days of knowledge of the initial adverse agency action which caused it to be untimely. Because it is the bidder's responsibility to ensure the timely arrival of its bid, late receipt requires rejection unless limiting conditions in the solicitation allow consideration. Since these conditions did not exist in this case, GAO found that the Commission's rejection of the late bid was proper. Accordingly, the protest was dismissed in part and denied in part.