[Request for Advance Decision Regarding Timeliness of Bid Submission]

A Veterans Administration (VA) medical center requested an advance decision on one firm's protest of another firm's bid submitted in response to an invitation for bids. The protester contended that the other firm's bid should not have been considered for award because it was untimely and nonresponsive. The record showed that the firm submitted its bid to the contracting office in a timely manner but that it was improperly returned to the firm's representative until the error was discovered several minutes after bid opening. Federal Procurement Regulations provide that bids received after the designated bid opening time are considered late bids. However, GAO held that the bid was obviously received at the contracting office prior to bid opening and that, due to the nature of the mistake, it did not come within the definition of a late bid. Further, failure to consider the bid would have unfairly penalized the firm for a situation that was created almost exclusively by Government personnel. The protester also argued that the firm did not comply with the solicitation's requirement that an offeror bid on at least 75 percent of the requirements, rendering the bid nonresponsive. GAO held that the contracting officer reasonably interpreted the clause as referring to the estimated number of hours listed for each item and not to the number of items listed on the IFB. Accordingly, the firm's bid may be considered for award.