January 5, 2004

Bid in Fax Machine Memory Does Not Meet Deadline

Decision of the Comptroller General of the United States

A bidder submitting a bid only minutes before the deadline assumes the risks the bid might arrive late and not accepted. Heavy fax machine traffic, improper clock synchronization and the fax machine running out of paper are among these risks. Amigo contends that since the bid was in the fax machine’s memory prior to the deadline, it was under control of the government and thus required to be accepted. The Comptroller General disagreed and denied the protest.

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