[Complaint Concerning Contract Award for Housing Project Construction]

B-216891: Apr 18, 1985

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A firm complained about a local housing authority's award of a contract, contending that its bid was improperly rejected. After the second-low bidder protested that the firm's bid should not have been opened because it was submitted after bid opening, the housing authority rejected it as late. The firm contended that the bid should have been accepted because: (1) it was submitted before an announcement that no more bids would be accepted; (2) of potential savings to the government; and (3) the chairman waived its lateness by opening it along with the other two timely submitted bids. GAO considered the absence of a formal announcement that no further bids would be accepted irrelevant. The only time a late, hand-carried bid may be accepted is where the lateness is due to improper government action and the fact that the chairman opened the late bid did not mandate consideration of it. Accordingly, the complaint was denied.

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