Amigo-JT Joint Venture, B-292830, December 9, 2003
B-292830: Dec 9, 2003
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. 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. Which was transmitted by facsimile. Was rejected because it was not received by the agency until after bid opening. /1/ We deny the protest. Instructed bidders that bids were due by 2 p.m. The solicitation also stated that the facsimile machine was "subject to heavy use for long periods of time" and bidders were cautioned that "last minute" bids might be received late due to heavy message traffic.