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[Protest of Rejection of Proposal as Late by FEMA]

B-215328: Sep 24, 1984

A firm protested the rejection of its hand-carried late bid under a Federal Emergency Management Agency (FEMA) solicitation, contending that: (1) the proposal was not late because the courier entered the FEMA building 3 minutes before bid opening time; and (2) FEMA failed to implement procedures that would have allowed the application of the late bid provisions of the solicitation. GAO found that,...

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B-215328, SEP 24, 1984, 84-2 CPD 334

B-215328: Sep 24, 1984

WHERE THE PROTESTER HAS ONLY OFFERED EVIDENCE THAT CONFLICTS WITH THE AGENCY'S EVIDENCE AS TO THE TIME THAT ITS PROPOSAL WAS SUBMITTED. THE PROTESTER HAS FAILED TO CARRY THE BURDEN OF AFFIRMATIVELY PROVING ITS CASE THAT THE PROPOSAL WAS TIMELY SUBMITTED. A LATE HAND-CARRIED PROPOSAL MAY NOT BE CONSIDERED UNLESS THERE IS A SHOWING THAT WRONGFUL GOVERNMENT ACTION WAS THE PARAMOUNT CAUSE OF THE LATE...

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