[Protest of Navy Rejection of Bid as Late]

B-216624: Dec 17, 1984

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A firm protested the Navy's rejection of its hand-carried bid as late, contending that the bid's tardiness was due to a lack of cooperation on the part of Navy employees. According to the protester, hand-delivered bids which arrive late at a place for bid opening are properly rejected, except where the government has failed to adequately specify the location for bid delivery. GAO has also held that a late hand-carried bid may be considered where lateness is due to improper action on the part the government and where consideration of the late bid would not compromise the integrity of the competitive procurement system. However, a late bid should not be evaluated if the bidder has significantly contributed to the late receipt. GAO found that, in this case, a significant cause of the late bid delivery was the failure of the protester's employee to allow sufficient time for delivery and failure to follow the instructions of government employees. Therefore, GAO could not conclude that the late delivery resulted from improper government actions. Accordingly, the protest was denied.