Adirondack Construction Corporation, B-280015.2, August 25,

B-280015.2 Aug 25, 1998 Jump To VIEW DECISION RELATED PAGES GAO CONTACTS Highlights DIGEST Protest of rejection of late bid is denied where. Adirondack contends that actions by the agency were the paramount cause for the late receipt of Adirondack's bid. The IFB provided that "[s]ealed offers in original and 2 copies to perform the work required are due at the place specified in Item 8 by 1400 hour[s]. Room 1843 is a large room that contains some 20 modular cubicles constructed of partial walls approximately 5 feet in height. He states that he asked a government employee near this desk "if this was the bid opening room for this job. " and the employee responded that it was. The employee reportedly stated that she was not in. That everyone was at lunch. D states that he asked if "this was where we handed in the bids. View Decision Matter of: Adirondack Construction Corporation File: B-280015.2 Date: August 25, 1998 DIGEST Attorneys DECISION Adirondack Construction Corporation protests the rejection of its late bid under invitation for bids (IFB) No. DACA51-98-B-0014, issued by the U.S. Army Corps of Engineers, for renovation of a building in Rome, New York. Adirondack contends that actions by the agency were the paramount cause for the late receipt of Adirondack's bid. We deny the protest. The IFB provided that "[s]ealed offers in original and 2 copies to perform the work required are due at the place specified in Item 8 by 1400 hour[s], local time [on May 6, 1998]." IFB, Standard Form 1442, Item 13.A. Item 8 designated the place for receipt of bids as NYDUS Army Corps of Engineers, 26 Federal Plaza, Room 1843, New York, New York. Adirondack's representative (Mr. D) arrived at 26 Federal Plaza and located room 1843 approximately 1.5 hours before the 2 p.m. bid opening time. Room 1843 is a large room that contains some 20 modular cubicles constructed of partial walls approximately 5 feet in height. According to affidavits submitted by Mr. D, after entering the room, he observed an empty desk to the left of the entrance. He states that he asked a government employee near this desk "if this was the bid opening room for this job," and the employee responded that it was. Mr. D's Affidavit, June 17, 1998, at 1. When Mr. D asked for the person listed in the IFB as the one to contact for information, the employee reportedly stated that she was not in, and that everyone was at lunch. Referring to the desk, Mr. D states that he asked if "this was where we handed in the bids," and the employee answered that it was. Id. at 2. According to the agency, there are three clocks in room 1843, all of which registered different times. The clock that Mr. D apparently saw was on a pillar (approximately 20 feet away) above the cubicle walls. He states that he noted the time on that clock as 12:40 p.m. and synchronized his watch with it. /1/ As determined after bid opening, this clock was approximately 3 minutes slower than the clock that was actually used to determine the time for bid opening. Mr. D then went to a public telephone outside the restrooms, which were located in an alcove off of an adjacent corridor, to call Adirondack's home office to obtain prices to complete the bid forms. During this first telephone call to his office, Mr. D advised home office personnel of his distance from the room designated for receipt of bids (room 1843) and of the time on the clock he had seen in that room. /2/ He continued making and receiving telephone calls until shortly before 2 p.m. Unbeknownst to Mr. D, at 1 p.m., the bid opening official (who was also the person listed in the IFB as the contact for information) learned that room 1841, a room adjacent to room 1843 that the agency had intended to use for the actual opening of bids, would not be available at 2 p.m. She then reserved another room (1802) located in the same corridor as the telephone/restroom alcove where Mr. D was making his calls, approximately 36 feet away from the telephone and approximately 80 feet away from room 1843. The bid recorder then made three signs stating that bid opening for this solicitation would be in room 1802 and, at some point between 1:30 and 1:45 p.m., the recorder posted the signs outside rooms 1843 and 1841; at 1:45, the bid recorder accompanied the bid opening official to room 1802. Another contracting office employee volunteered to stand in the hallway near the telephone/restroom alcove to direct bidders to room 1802. At 1:58 p.m., according to the clock in room 1802, the bid opening official announced that the time scheduled for bid opening was approaching and that any hand-carried bids should then be turned in. She advised those in attendance that hand-delivered bids submitted after 2 p.m. would be late and not accepted for consideration.