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B-292830 1 (2003-12-09)

handle is hein.gao/gaobacymz0001 and id is 1 raw text is: i G A 0Comptroller General ... .Accountability * Integrity Reliability of the United States United States General Accounting Office Washington, DC 20548 D .. Decision Matter of: Amigo-JT Joint Venture File: B-292830 Date: December 9, 2003 Johnathan M. Bailey, Esq., Bailey & Bailey, for the protester. Dava-Kay F. Kaitala, Esq., and Albert C. Proctor, Esq., U.S. Army Corps of Engineers, for the agency. Paula A. Williams, Esq., and Michael R. Golden, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST Protest challenging agency's rejection of facsimile bid modification as late is denied where the record shows protester began transmitting modification only a few minutes before scheduled bid opening, the transmission was completed after bid opening was declared, and the modification therefore did not reach the designated bid opening room prior to bid opening; even if the modification was in the facsimile machine's memory before bid opening (as the protester contends), the agency was not required to accept it. DECISION Amigo-JT Joint Venture protests the rejection of its second bid modification as late under invitation for bids (IFB) No. DACA63-03-B-0012, issued by the Army Corps of Engineers for construction of a consolidated wing support facility at Laughlin Air Force Base in Del Rio, Texas. The protester's second bid modification, which was transmitted by facsimile, was rejected because it was not received by the agency until after bid opening. We deny the protest. The IFB, as amended, instructed bidders that bids were due by 2 p.m., local time, on August 29, 2003, and that bid opening would be held in Room 2A20 at the Corps's 'Without consideration of this second modification, Amigo's bid was not low.