[Protest of Navy Contract Award for Security Fence Replacement]

B-218614: Jul 26, 1985

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A firm protested the Navy's award of a contract to another firm, contending that the awardee had submitted a late, hand-carried bid which should not have been accepted. The Navy maintained that the awardee's late bid should have been accepted because the late delivery was due to mishandling by Navy personnel. GAO found that: (1) the solicitation provided that all hand-delivered bids should be deposited in the bid box prior to the time and date set for bid opening; (2) at the time of bid opening, only the protester's bid had been received; and (3) the awardee's bid had been received 15 minutes after the bid opening time. GAO determined that: (1) a bidder is responsible for delivering its bid to the proper place at the proper time; and (2) the standard late bid provisions apply only to mailed bids. GAO held that the awardee did not hand deliver its bid to the proper person, at the proper place, at the proper time. Accordingly, the protest was sustained, and GAO recommended that the protester's bid be accepted.