Protests of Navy Refusal To Consider Late Bid

A firm protested the procuring agency's refusal to consider its late bid. The protester maintained that its bid was sent by regular mail and that it was postmarked 5 days prior to bid opening. The protester alleged that its bid was late because of the Federal holiday which preceded the bid opening date. The applicable regulation clearly states that late bids will not be considered unless received before award is made and sent by registered or certified mail not later than the fifth calendar day prior to the date specified for the receipt of bids. A bidder who elects other than registered or certified mail when using the Postal Service for delivery of its bid assumes the risk of late delivery. The occurrence of a Federal holiday does not relieve the bidder of its responsibility to assure timely arrival of its bid. Accordingly, the protest was dismissed.