[Protest of Rejection of Bid as Late by Army]
Highlights
A firm protested the Army's rejection of its bid as late, alleging that the lateness of its bid was due to the Army's failure to warn bidders of a detour on the access road to the fort and to properly staff its reception desk. The Army contended that it had no duty to warn of road conditions and that the reception desk was attended at the time the protester arrived with its bid. GAO held that traffic delays do not relieve a bidder from its responsibility for the timely delivery of its bid. GAO has held that a late, hand-carried bid may be accepted where wrongful Government action is the paramount cause for late receipt of the bid if the integrity of the competitive bidding system is not compromised. However, where there is a conflict of fact and the protester has no other evidence to support its allegation, GAO will accept the agency's position. Accordingly, the protest was denied.