Summary

ONLY DOCUMENTARY EVIDENCE INDICATES BID WAS RECEIVED AT INSTALLATION AFTER DATE SET FOR BID OPENING AND ITS CONTROLLING UNDER PROVISIONS OF SOLICITATION AND REGULATION. 2. FACT THAT LATE BID WAS MISTAKENLY OPENED CONFERS NO ADDITIONAL RIGHTS ON PROTESTER. 3. EVEN THOUGH LATE BID IS LOWER THAN AWARDED CONTRACT PRICE. ALLOWING CONSIDERATION OF LATE BIDS ARE NOT MET. LATE BID PROPERLY WAS NOT CONSIDERED FOR AWARD. THE DETERMINATION THAT GROSS' BID WAS LATE WAS BASED UPON THE FACT THAT IT WAS NOT RECEIVED IN THE DESIGNATED BID OPENING ROOM UNTIL AFTER THE TIME SET FOR BID OPENING (2:00 P.M. GROSS' FIRST CONTENTION WAS THAT IN ACCORDANCE WITH CLAUSE 7. GROSS'S SECOND CONTENTION WAS THAT DUE TO "TIMELY NOTIFICATION" TO THE CONTRACTING OFFICER (LESS THAN 30 MINUTES AFTER BID OPENING) THAT GROSS' BID.