B-164570, JUN. 25, 1968

B-164570, JUN. 25, 1968

TO MR. SECRETARY:

REFERENCE IS MADE TO LETTER DATED JUNE 13, 1968, WITH ENCLOSURES, FROM YOUR ADMINISTRATIVE ASSISTANT SECRETARY CONCERNING THE PROTEST OF LOGISTIC SERVICES CORPORATION (LSC) AGAINST THE REFUSAL OF THE BUREAU OF RECLAMATION TO OPEN ITS BID ON SPECIFICATIONS NO. DC-6644, ISSUED BY THE UNITED STATES DEPARTMENT OF THE INTERIOR, BUREAU OF RECLAMATION, ON MARCH 29, 1968, FOR THE CONSTRUCTION OF THE SNAKE CREEK PUMPING PLANT NO. 1, GARRISON DIVERSION UNIT, MISSOURI RIVER BASIN PROJECT, NORTH DAKOTA. ENCLOSED WITH THE ABOVE LETTER WERE PERTINENT DOCUMENTS AND THE PROJECT MANAGER'S STATEMENT OF FACTS SETTING FORTH THE CIRCUMSTANCES RELATIVE TO THE REJECTION OF LSC'S LATE BID.

THE INVITATION PROVIDED THAT BIDS WOULD BE RECEIVED UNTIL 2 O.M., CENTRAL DAYLIGHT TIME, ON MAY 28, 1968, AND THAT SAID BIDS WOULD BE PUBLICLY OPENED IN THE GOLD LEAF ROOM, CLARENCE PARKER HOTEL, MINOT, NORTH DAKOTA. THE BID OF THE PROTESTOR IS REPORTED TO HAVE BEEN TENDERED AFTER THAT TIME AND AFTER OPENING AND READING OF BIDS HAD COMMENCED. THE PROCURING AGENCY'S RECITATION OF THE FACTS AND CIRCUMSTANCES CONCERNING THE OPENING OF BIDS AND THE PROFFER OF THE LATE BID FROM LSC MAY BE SUMMARIZED AS FOLLOWS.

ON THE MORNING OF MAY 28, 1968, TWO MEMBERS OF THE BID OPENING BOARD ARRIVED AT THE CLARENCE PARKER HOTEL TO CHECK ON ARRANGEMENTS FOR THE BID OPENING. SHORTLY AFTER THEIR ARRIVAL AT APPROXIMATELY 10 A.M. THEY COMMENCED THE PLACING OF SIGNS AND BID OPENING DIRECTIONAL ARROWS IN THE HOTEL TO DIRECT BIDDERS TO THE BID OPENING TABLE IN THE GOLD LEAF ROOM. THERE WERE TWO SIGNS, ONE AT EACH MAIN ENTRANCE OF THE HOTEL, THAT IS, ONE AT THE MAIN ENTRANCE OF THE HOTEL PROPER AND ONE AT THE ADJOINING CLARENCE PARKER MOTOR HOTEL. THE MOTOR HOTEL IS A PART OF THE SAME BUILDING AND THE HALLWAYS ARE INTERCONNECTING. THESE TWO SIGNS, WHICH WERE 11 INCHES BY 19 INCHES, CONTAINED THE WORDS "BID OPENING, BUREAU OF RECLAMATION, SPECIFICATIONS NO. DC-6644, SNAKE CREEK PUMPING PLANT NO. 1, TIME 2 P.M. CDT, MAY 28, 1968, GOLD LEAF ROOM.' THERE WERE ALSO SIX DIRECTIONAL SIGNS 5 INCHES BY 14 INCHES IN SIZE; EACH SIGN CONTAINED THE WORDS "BID OPENING, THE FIRST DIRECTIONAL ARROW WAS ON THE NORTH WALL OF THE HOTEL LOBBY AND THREE OTHER DIRECTIONAL SIGNS DIRECTING PEOPLE FROM THE LOBBY DOWN THE HALLWAYS TO THE ENTRANCE DOOR OF THE PLACE OF BID OPENING (GOLD LEAF ROOM). TWO DIRECTIONAL SIGNS WERE PLACED IN THE HALLWAY LEADING FROM THE MOTOR LOBBY ENTRANCE TO THE PLACE OF THE BID OPENING. ONE OF THE LATTER WAS AT THE ENTRANCE TO THE BID OPENING ROOM.

ONE SIGN 10 INCHES BY 18 INCHES WAS PLACED ON THE BID OPENING TABLE ON THE STAGE IN THE GOLD LEAF ROOM. THE WORDING ON THIS SIGN STATED "BID OPENING, BUREAU OF RECLAMATION, SPECIFICATIONS NO. DC-6644, SNAKE CREEK PUMPING PLANT NO. 1, BIDS RECEIVED HERE.' A LARGE SIGN 24 INCHES BY 30 INCHES WAS PLACED ON THE WALL BEHIND THE BID OPENING TABLE ON THIS STAGE. THIS SIGN CONTAINED THE WORDING "BID OPENING, BUREAU OF RECLAMATION, SPECIFICATIONS NO. DC-6644, SNAKE CREEK PUMPING PLANT NO. 1, TIME 2 P.M. CDT, MAY 28, 1968.' AT LEAST ONE OF THE MEMBERS OF THE BID OPENING BOARD WAS AT OR NEAR THE BID OPENING TABLE TO RECEIVE BIDS FROM THE TIME IT WAS SET UP IN THE MORNING UNTIL 2 P.M., THE TIME SET FOR THE OPENING OF BIDS.

A LUNCHEON FOR BIDDERS, DIGNITARIES, IRRIGATION AND CONSERVATION DISTRICT OFFICIALS, AND LOCAL CITIZENS WAS HELD IN THE GOLD LEAF ROOM BEGINNING AT APPROXIMATELY 11:30 A.M. THE LUNCHEON WAS OVER SHORTLY AFTER 1 P.M. THE TABLES WERE CLEARED AND CHAIRS ARRANGED IN A "V" FASHION BY THE HOTEL MANAGEMENT IN THE BID OPENING AREA IN FRONT OF THE ELEVATED STAGE WHERE THE BIDS WERE TO BE OPENED. SHORTLY AFTER THIS THE PROJECT ENGINEER WENT TO THE HOTEL LOBBY TO SEE IF THERE MIGHT BE ANY PROSPECTIVE BIDDERS THERE LOOKING FOR THE PLACE WHERE THE BID OPENING WAS TO BE HELD. HE OBSERVED THAT THE DIRECTIONAL SIGNS FOR THE BID OPENING PLACED THERE THAT MORNING WERE STILL IN PLACE.

AT APPROXIMATELY 1:45 P.M. THE MEMBERS OF THE BID OPENING BOARD ASCENDED THE STAGE AND TOOK THEIR SEATS IMMEDIATELY BEHIND THE TABLES PREVIOUSLY SET UP FOR THE BID OPENING. AT 1:55 P.M. THE PROJECT MANAGER ANNOUNCED "IT IS NOW 5 MINUTES BEFORE 2 O-CLOCK AND ANY BIDS WHICH HAVE NOT BEEN SUBMITTED SHOULD BE TURNED IN PROMPTLY.' SHORTLY THEREAFTER THE PROJECT ENGINEER ASKED ANOTHER MEMBER OF THE BID OPENING BOARD "HOW IS THE TIME? " , AND HE ANSWERED "ABOUT 20 SECONDS.' IN THE PROJECT ENGINEER'S STATEMENT IT IS REPORTED:

"I WAITED THIS PERIOD AND THEN ANNOUNCED -IT IS NOW 2 O-CLOCK AND WE WILL PROCEED WITH THE BID OPENING UNDER SPECIFICATIONS NO. DC-6644 -- SNAKE CREEK PUMPING PLANT NO. 1 -- GARRISON DIVERSION UNIT-. I THEN HAD A TOTAL OF 6 BIDS BEFORE ME THAT HAD BEEN HANDED TO ME BY MR. WECKERLING AS THEY WERE TURNED IN FROM THE SIDE OF THE STAGE WHERE THE ENTRANCE STEPS WERE LOCATED, WHICH IS AT THE OPPOSITE SIDE OF THE STAGE WHERE I WAS SEATED. ALL OF THE BIDS WERE HAND CARRIED BY REPRESENTATIVES OF THE BIDDERS. BIDS WERE RECEIVED IN THE MAIL. I THEN PROCEEDED TO OPEN THE BIDS IN THE ORDER THEY WERE MARKED BY MR. WECKERLING WHO HAD NUMBERED THEM AS THEY WERE RECEIVED BY HIM.

"JUST AFTER READING THE SECOND BID, I WAS INFORMED BY MR. WECKERLING THAT ANOTHER BID HAD BEEN TURNED IN. (THE BID OF LSC) THE TIME WAS ABOUT 2:05 P.M. I TOLD HIM I COULD NOT OPEN IT AND I PROCEEDED WITH THE BID OPENING. AFTER READING THE SIXTH BID, WHICH I HAD ANNOUNCED AS THE SIXTH AND FINAL BID, A MAN (A REPRESENTATIVE OF LSC) ASCENDED THE STAGE AND CAME UP TO ME AND TOLD ME THAT HE WISHED TO HAVE HIS BID CONSIDERED. I EXPLAINED TO HIM THAT UNDER OUR REGULATIONS GOVERNING BID OPENINGS I COULD NOT OPEN A LATE BID.' PURSUANT TO SECTION 1-2.303 7 OF THE FEDERAL PROCUREMENT REGULATIONS (FPR), THE PROJECT MANAGER, AT THE REQUEST OF THE BIDDER, TOOK POSSESSION OF THE BID AND TO DATE HAS NOT OPENED SAME.

LSC'S RECITATION OF FACTS IS SET OUT IN A SWORN STATEMENT OF JUNE 5, 1968, BY ONE OF ITS REPRESENTATIVES, WHICH STATES: "AT APPROXIMATELY 20 MINUTES TO 2:00 P.M. I WAS ADVISED THAT I WOULD BE SUBMITTING THE BID. PRIOR TO THIS TIME, AND WHEN RETURNING FROM BREAKFAST TO OUR ROOMS ON THE FIFTH FLOOR I HAD STOPPED IN THE LOBBY OF THE HOTEL AND INQUIRED OF THE DESK CLERK (WHOM I LATER FOUND TO BE MR. SAM CLARK) AS TO THE EXACT LOCATION OF THE GOLD LEAF ROOM, WHERE THE BID OPENING WAS TO BE HELD. MR. CLARK ADVISED ME THAT THE BID OPENING WAS NOT BEING HELD IN THE GOLD LEAF ROOM, BUT WAS INSTEAD BEING HELD IN THE GOLD ROOM, WHICH WAS IN THE HOTEL BASEMENT. THIS INFORMATION APPEARED TO BE CONFIRMED BY THE FACT THAT THE LOBBY BULLETIN BOARD ALSO INDICATED THE GOLD ROOM AS THE BID OPENING LOCATION. SUBSEQUENTLY, AND ALSO DURING THE MORNING OF MAY 28TH, I WENT DOWN TO THE GOLD ROOM FOR THE EXPRESS PURPOSE OF CHECKING THE TIME ON THE OFFICIAL CLOCK AND ALSO TO DETERMINE THE EXACT LOCATION OF THE ROOM. FOUND AT THIS TIME THAT THERE WAS NO CLOCK IN THE ROOM. THIS, HOWEVER, DID NOT ALARM ME SINCE IT WAS STILL SEVERAL HOURS BEFORE THE 2:00 P,M. BID OPENING. "AT APPROXIMATELY 15 MINUTES BEFORE 2:00 P.M. I WAS STANDING BY IN OUR WORK ROOM- ON THE FIFTH FLOOR WAITING FOR THE FINAL COMPUTATION TO BE ENTERED ON OUR BID. ACCORDING TO MY WRISTWATCH WHICH I GLANCED AT AS I WAS HANDED THE COMPLETED BID, IT WAS BETWEEN 3 AND 4 MINUTES BEFORE 2:00 P.M. I IMMEDIATELY RAN TO THE ELEVATOR, PUSHED THE BUTTON AND WAITED FOR A FEW SECONDS, WITHOUT RESULTS. HAVING RIDDEN THAT ELEVATOR SEVERAL TIMES DURING THE PRECEDING DAY, I WAS AWARE THAT IT WAS SOMEWHAT UNDEPENDABLE, AS PERTAINING TO FAST SERVICE, SO I TOOK THE STAIRS AT A RUN. WHEN I REACHED THE GOLD ROOM, WHICH WAS EMPTY, IT WAS INSTANTLY OBVIOUS THAT I WAS IN THE WRONG PLACE. I RAN DOWN A HALL AND ASKED A WAITRESS IF SHE KNEW WHERE THE BID OPENING WAS BEING HELD. SHE SAID -IN THE GOLD LEAF ROOM, DOWN THE HALL AND UP ON THE NEXT FLOOR-. I IMMEDIATELY TOOK OFF IN THAT DIRECTION. WHEN I ENTERED THE GOLD LEAF ROOM SOMEONE WAS SPEAKING OVER THE P.A. SYSTEM AND WHILE, IN MY RUSH, THE WORDS WERE INDISTINGUISHABLE TO ME, AS I MADE MY WAY THROUGH THE AUDIENCE AND APPROACHED THE PLATFORM, I WAS CONSCIOUS OF THE FIGURE 9 MILLION SOMETHING BEING READ OFF. THIS FIGURE, I LATER DETERMINED TO BE THE APPROXIMATE SUM OF THE PETER KIEWIT BID AND WHICH WAS THE FIRST BID READ. WHEN I REACHED THE PLATFORM WHICH HAPPENED TO BE AT THE OPPOSITE END FROM THE SPEAKER,I HANDED OUR BID TO A MEMBER OF THE 4-MAN BOARD. HE SAID, -YOU-RE A MINUTE OR TWO LATE. IT'S AFTER 2:00 AND THE MEETING HAS ALREADY STARTED.- I SAID, -CAN YOU ADVISE THE SPEAKER THAT THE BID IS HERE.- (SIC). HE SAID - SIT DOWN HERE IN FRONT AND I-LL TELL HIM.- I SAT DOWN, AND AFTER THE REST OF THE BIDS WERE READ I APPROACHED THE SPEAKER (MR. LUNBURG) AND ASKED HIM IF OUR BID WAS GOING TO BE CONSIDERED. HE SAID -HE WOULD HAVE TO CHECK THE REGULATIONS ON THAT POINT.- AT THIS TIME THE BUREAU COMMISSIONER CAME ON THE PLATFORM TO SAY A FEW WORDS OVER THE P.A. SYSTEM, AND ALSO ADVISED THE AUDIENCE THAT A LATE BID HAD BEEN RECEIVED AND WOULD NEITHER BE READ OFF NOR CONSIDERED. WHEN HE LEFT I ASKED MR. LUNBURG IF THAT WAS THE FINAL WORD. HE SAID THAT ACCORDING TO FEDERAL REGULATION LATE BIDS WOULD NOT BE CONSIDERED AND THAT THE MATTER WOULD BE REFERRED TO DENVER AND THAT WE WOULD BE ADVISED. I BELIEVE THAT I WAS EITHER ENTERING OR INSIDE THE BID ROOM AT 2:00 P.M.'

LSC'S LETTER OF JUNE 19, 1968, ADDRESSED TO THIS OFFICE SET OUT ITS POSITION BY STATING: ,SINCE THE GOVERNMENT SELECTED THE CLARENCE PARKER HOTEL AS THE PLACE FOR THE RECEIPT OF SEALED BIDS, IT WAS THE RESPONSIBILITY OF THE PROCUREMENT OFFICIALS TO INSURE THAT THE POSTED INSTRUCTIONS IN THE SELECTED PLACE WITH RESPECT TO THE DESIGNATED OFFICE FOR RECEIPT OF BIDS WERE CLEAR. A FAILURE TO ACT IN THIS REGARD CERTAINLY PREVENTS THE GOVERNMENT FROM CONTENDING SUCCESSFULLY THAT IT WAS WITHOUT FAULT WITH RESPECT TO THE RESULTING CONFUSION. YOUR DECISION IN B-160600, MARCH 30, 1967 INDICATES THAT THE GOVERNMENT HAS A RESPONSIBILITY TO ESTABLISH REASONABLE PROCEDURES WITH RESPECT TO THE HANDLING OF BIDS AND THAT THERE MUST BE AN ABSENCE OF GOVERNMENT MISHANDLING UNDER SUCH A PROCEDURE. PLACING A DIRECTIONAL ARROW ON A WALL IN THE HOTEL LOBBY OVER AN INFORMATION TABLE IN THE FAR CORNER OF THE LOBBY DOES NOT ELIMINATE OR CURE SUCH A FAILURE TO ACT TO CORRECT ERRONEOUS SIGNS AND MISDIRECTIONS WHEN THE INCORRECTNESS OF SUCH SIGNS AND DIRECTIONS COULD ONLY BE KNOWN BY THE GOVERNMENT OFFICIALS PRESENT. IN ADDITION IT WOULD APPEAR THAT THE HOTEL OFFICE CONTROLLING THE FACILITIES OF THE HOTEL WHICH HAD BEEN SELECTED BY THE GOVERNMENT OFFICIALS WAS FULFILLING THE GOVERNMENT FUNCTION IN DIRECTING THE LSC EMPLOYE TO THE GOLD ROOM AS DESCRIBED IN THE ENCLOSURES. (SEE N FERMAN CO 1962 BCA 3566 AND 36 COMP. GEN. 1 (1956) ). THE INSTANT SITUATION WAS NOT A CASE WHERE THE DELAY WAS ATTRIBUTABLE TO THE INSUFFICIENCY OF DIRECTIONAL SIGNS, BUT ONE WHERE THE DELAY WAS DUE TO THE INCORRECT SIGNS AND DIRECTIONS BY PARTIES SELECTED BY THE GOVERNMENT.

"IN SUMMARY, WE BELIEVE THAT THE LATE BID SUBMITTED BY LSC, THE ACCEPTANCE OF WHICH WILL RESULT IN A SAVINGS TO THE GOVERNMENT OF $404,423, SHOULD BE CONSIDERED FOR AWARD SINCE THE LSC REPRESENTATIVE SUBMITTING THE BID WAS NOT NEGLIGENT OR AT FAULT, THE DELAY IN SUBMISSION WAS CAUSED BY CONFUSION CONCERNING THE LOCATION OF THE BID OPENING ROOM FOR WHICH THE GOVERNMENT IS NOT WITHOUT FAULT, THERE IS NO SHOWING THAT LSC HAD RECEIVED ANY UNDUE ADVANTAGE, AND THE RIGHTS OF OTHER BIDDERS HAVE NOT BEEN PREJUDICED.'

FPR 1-2.303, THE REGULATION WHICH GOVERNS CONSIDERATION OF LATE BIDS, DEFINES A LATE BID AS ONE WHICH IS RECEIVED AFTER THE EXACT TIME FIXED FOR BID OPENING. BY THE TERMS OF FPR 1-2.303, AND OF THE INVITATION PROVISION BASED THEREON (SECTION 7, INSTRUCTIONS TO BIDDERS, STANDARD FORM 22), THE ONLY LATE BIDS WHICH ARE AUTHORIZED TO BE CONSIDERED FOR AWARD ARE CERTAIN TIMELY DISPATCHED MAILED OR TELEGRAPHIC BIDS WHICH ARE RECEIVED BEFORE AWARD, PROVIDED CERTAIN EVIDENTIARY REQUIREMENTS ARE MET. FPR 1-2.303-5 READS AS FOLLOWS:

"HAND-CARRIED BIDS. A LATE HAND-CARRIED BID, OR ANY OTHER LATE BID NOT SUBMITTED BY MAIL OR TELEGRAM, SHALL NOT BE CONSIDERED FOR AWARD.'

INASMUCH AS LSC'S BID WAS HAND CARRIED, IT CLEARLY DOES NOT COME WITHIN THE PURVIEW OF THE REGULATIONS AND THE PROVISIONS OF THE IFB PERTAINING TO LATE BIDS SUBMITTED BY MAIL OR TELEGRAPH. WE HAVE HAD OCCASION IN THE PAST TO CONSIDER THIS QUESTION AND IN 38 COMP. GEN. 234, WHEREIN THE FACTS WERE SIMILAR TO THOSE NOW UNDER CONSIDERATION (ALLEGED INSUFFICIENCY OF DIRECTIONAL SIGNS LOCATED WITHIN THE DEPOT), WE SAID:

"A HAND-CARRIED BID SHOULD NOT BE CONSIDERED IN THE SAME STATUS AS A BID WHICH IS MAILED AND WOULD BE DELIVERED IN NORMAL COURSE TO THE ADDRESSEE. IT IS THE RESPONSIBILITY OF A BIDDER SUBMITTING A HAND CARRIED BID TO SEE THAT ITS BID IS DELIVERED AT THE DESIGNATED OFFICE PRIOR TO THE TIME SPECIFIED FOR THE OPENING OF BIDS. FAILURE TO DO SO IS FATAL TO THE CONSIDERATION OF THE BID FOR AN AWARD.' IN THAT DECISION WE CITED WITH APPROVAL B-135237, FEBRUARY 25, 1958, WHERE WE SAID:

"OBVIOUSLY, THERE MUST BE A TIME AFTER WHICH BIDS MAY NOT BE RECEIVED, AND TO PERMIT CONSIDERATIONS OF DELAYS IN TRAFFIC, AND THE LIKE, TO ALTER OR AFFECT THE FIXED AND EXACT TIME CLEARLY STATED IN THE INVITATION WOULD, IN OUR OPINION, TEND TO WEAKEN THE COMPETITIVE BID SYSTEM. WHILE SUCH FIXED REQUIREMENT FOR BID OPENING MAY OPERATE HARSHLY IN CERTAIN INSTANCES, ANY RELAXATION OF THE RULE WOULD INEVITABLY CREATE CONFUSION AND DISAGREEMENT TO ITS APPLICABILITY IN MANY CASES AND FACILITATE THE PERPETRATION OF FRAUDS.'

THEREFORE, SINCE LSC'S BID WAS A LATE HAND-CARRIED ONE, THERE IS FOR DETERMINATION WHETHER THE CIRCUMSTANCES INVOLVED JUSTIFY EXCEPTION TO THE PROVISIONS IN FPR 1-2.303-5 THAT SUCH A BID IS NOT TO BE CONSIDERED FOR AWARD.

THE RECORD INDICATES THAT THE IFB, AND 8 SUPPLEMENTAL NOTICES, CLEARLY STATED THAT THE BIDS WOULD BE OPENED IN THE GOLD LEAF ROOM, CLARENCE PARKER HOTEL, MINOT, NORTH DAKOTA, AT 2 P.M., CENTRAL DAYLIGHT TIME, MAY 28, 1968. WHILE THE HOTEL LOBBY BULLETIN BOARD INCORRECTLY STATED THAT THE OPENING WAS TO TAKE PLACE IN THE GOLD ROOM, THERE APPEARS TO BE NO BASIS FOR CONSIDERING THE GOVERNMENT RESPONSIBLE FOR THE HOTEL'S ERROR OR FOR THE ERRONEOUS ORAL ADVICE OF ITS EMPLOYEES. IN THIS CONNECTION, IT SHOULD BE NOTED THAT IN THE PREVIOUS DECISIONS OF THIS OFFICE TO WHICH LSC REFERS IT WAS FOUND THAT THE LATE RECEIPT OF BIDS WAS AT LEAST PARTIALLY OCCASIONED BY THE ACTIONS TAKEN BY THE GOVERNMENT, AND TO HAVE REJECTED SAID BIDS WOULD NOT HAVE BEEN FAIR OR EQUITABLE UNDER THE CIRCUMSTANCES. IN HAVING ITS AGENTS PLACE DIRECTIONAL SIGNS IN THE LOBBY OF THE HOTEL, THE GOVERNMENT CLEARLY WAS USING ITS BEST EFFORTS TO AVOID ANY CONFUSION OR DELAY, AND THE FACT THAT NONE OF THE SIX OTHER BIDDERS WERE MISLED BY THE HOTEL'S ERROR, OR ORAL ADVICE FROM ITS EMPLOYEES, WOULD INDICATE THAT THE GOVERNMENT'S EFFORTS WERE REASONABLY ADEQUATE. THE VERY FACT THAT LSC'S REPRESENTATIVES DENY HAVING SEEN SUCH DIRECTIONAL SIGNS, COUPLED WITH THEIR LATE DEPARTURE FROM THEIR FIFTH FLOOR WORK ROOM, TENDS STRONGLY TO SHOW THAT THEIR PROGRESS WAS MORE HURRIED THAN WOULD HAVE BEEN REQUIRED IF THEY HAD ALLOWED SUFFICIENT TIME. WE MUST THEREFORE CONCLUDE THAT THE LATE SUBMISSION OF LSC'S BID WAS ATTRIBUTABLE TO THE NEGLIGENCE OF ITS REPRESENTATIVES IN FAILING TO CONTACT THE BID OPENING OFFICIALS IN ORDER TO RESOLVE THE APPARENT CONFLICT BETWEEN THE HOTEL BULLETIN BOARD, THE HOTEL CLERK'S ADVICE, THE DIRECTIONAL SIGNS, AND THE IFB PROVISIONS, AND NOT TO ANY FAULT OF THE GOVERNMENT.

IN THE CIRCUMSTANCES IT IS OUR OPINION FPR 1-2.303-5 REQUIRES THAT LSC'S BID BE REJECTED. THE FACT THAT THE BID MAY BE LOW DOES NOT WARRANT EXCEPTION TO THE REGULATIONS, IT BEING MORE IN THE PUBLIC INTEREST TO ABIDE BY THE RULES OF COMPETITIVE BIDDING THAN TO OBTAIN A PECUNIARY ADVANTAGE IN A PARTICULAR CASE BY VIOLATION OF SUCH RULES. 17 COMP. GEN. 554.

THEREFORE, YOU ARE ADVISED THAT NO AUTHORITY EXISTS FOR CONSIDERING THE LATE BID OF LOGISTIC SERVICES CORPORATION AND THAT OUR OFFICE WILL INTERPOSE NO OBJECTION TO AN AWARD BASED UPON THOSE BIDS ACTUALLY RECEIVED PRIOR TO THE TIME SET FOR OPENING OF BIDS. AS REQUESTED, THE FILE ENCLOSED WITH THE REPORT IS RETURNED.