B-204812.3: Feb 17, 1982

A firm protested the rejection of its bid as late. The bid was submitted pursuant to a request for proposals issued by the Immigration and Naturalization Service. The protester contended that the time/date stamp on the proposal showed that it was delivered 1 minute late, because the driver waited for the contract specialist to finish talking with another individual, and the person responsible for...

B-204812.3: Feb 17, 1982

WHERE ONLY EVIDENCE OF TIMELY SUBMISSION OF PROPOSAL IS CONFLICTING STATEMENTS FROM PROTESTER AND CONTRACTING AGENCY. PROTESTER HAS NOT MET BURDEN OF AFFIRMATIVELY PROVING ITS CASE AND TIME/DATE STAMP ON PROPOSAL WILL BE CONSIDERED CONTROLLING. WHEN AND HOW AN AGENCY RETURNS A LATE PROPOSAL THAT CANNOT BE CONSIDERED FOR AWARD IS WITHIN THE DISCRETION OF THE CONTRACTING AGENCY. 3. MERE SPECULATION...