B-159928, JAN. 4, 1967
Highlights
TO GUARANTEED SUPPLY COMPANY: REFERENCE IS MADE TO YOUR LETTER OF DECEMBER 8. WE STATED THAT THE ACTION OF THE BASE PROCUREMENT OFFICE IN REJECTING YOUR LATE BID AND IN AWARDING THE CONTRACT INVOLVED TO THE ARNOLD DIAMOND COMPANY WAS PROPER. YOU STATE THAT YOU HAVE OBTAINED A COPY OF THE REPORT PREPARED BY MR. KRAEMER AND THAT YOU WISH TO HAVE THE ADDRESS OF THE AGENCY HE REPRESENTS. IF YOUR BID WAS NOT TO BE CONSIDERED BECAUSE OF ITS LATENESS. IT WAS OPENED. THAT YOUR BID SHOULD NOT HAVE BEEN OPENED SINCE YOUR BID WAS NOT OF THE TYPE COVERED BY ASPR 3-506 (A). THE TIME FOR OPENING OF PROPOSALS WAS UNEQUIVOCALLY SET FORTH ON THE FIRST PAGE OF THE REQUEST FOR PROPOSALS. EACH BIDDER IS RESPONSIBLE FOR THE SEASONABLE ARRIVAL OF HIS OWN BID AT THE DESIGNATED OFFICE BEFORE THE SCHEDULED OPENING TIME.
B-159928, JAN. 4, 1967
TO GUARANTEED SUPPLY COMPANY:
REFERENCE IS MADE TO YOUR LETTER OF DECEMBER 8, 1966, WITH ENCLOSURES, REQUESTING CERTAIN INFORMATION IN REGARD TO OUR DECISION OF NOVEMBER 10, 1966, B-159928, TO YOU, RELATIVE TO THE REJECTION OF YOUR FIRM'S LATE BID UNDER DEPARTMENT OF THE AIR FORCE REQUEST FOR PROPOSALS 65-020-66-13, ISSUED BY THE BASE PROCUREMENT OFFICE, KINDLEY AIR FORCE BASE, BERMUDA.
IN OUR DECISION OF NOVEMBER 10, 1966, WE STATED THAT THE ACTION OF THE BASE PROCUREMENT OFFICE IN REJECTING YOUR LATE BID AND IN AWARDING THE CONTRACT INVOLVED TO THE ARNOLD DIAMOND COMPANY WAS PROPER.
YOU STATE THAT YOU HAVE OBTAINED A COPY OF THE REPORT PREPARED BY MR. W. F. KRAEMER AND THAT YOU WISH TO HAVE THE ADDRESS OF THE AGENCY HE REPRESENTS. IF YOU WISH TO CONTACT MR. KRAEMER YOU MAY ADDRESS A LETTER TO DIRECTORATE, PROCUREMENT POLICY (DEPUTY CHIEF OF STAFF, SYSTEMS AND LOGISTICS), HEADQUARTERS, UNITED STATES AIR FORCE, WASHINGTON, D.C., ATTENTION: AFSPPCA (MR. W. F. KRAEMER).
IN REGARD TO YOUR BID YOU STATE THAT YOU WISH TO KNOW IF CAPTAIN J. E. LINN, JR., AIR FORCE CONTRACTING OFFICER, AND LIEUTENANT COLONEL J. B. L. LEVESQUE, CHIEF, MATERIEL DIVISION, KINDLEY AIR FORCE BASE, BERMUDA, HAD ADVISED OUR OFFICE AS TO THE REASON WHY, IF YOUR BID WAS NOT TO BE CONSIDERED BECAUSE OF ITS LATENESS, IT WAS OPENED. THE DEPARTMENT OF THE AIR FORCE HAS INFORMED US THAT THE CONTRACTING OFFICER MISINTERPRETED THE PROVISIONS OF ARMED SERVICES PROCUREMENT REGULATION (ASPR) 3-506 (A), WHICH PROVIDES FOR THE OPENING OF LATE BIDS IN CERTAIN CASES, AND THAT YOUR BID SHOULD NOT HAVE BEEN OPENED SINCE YOUR BID WAS NOT OF THE TYPE COVERED BY ASPR 3-506 (A).
THE TIME FOR OPENING OF PROPOSALS WAS UNEQUIVOCALLY SET FORTH ON THE FIRST PAGE OF THE REQUEST FOR PROPOSALS. EACH BIDDER IS RESPONSIBLE FOR THE SEASONABLE ARRIVAL OF HIS OWN BID AT THE DESIGNATED OFFICE BEFORE THE SCHEDULED OPENING TIME. YOUR BID SHOULD NOT HAVE BEEN OPENED BUT SHOULD HAVE BEEN DISREGARDED AS A LATE BID. THE INADVERTENT OPENING OF A LATE BID WILL NOT ALONE JUSTIFY DISREGARD FOR THE INJUNCTION OF ASPR 21404.1 AGAINST WITHHOLDING AWARD FROM THE LOWEST RESPONSIBLE AND RESPONSIVE BIDDER WITHOUT COMPELLING REASON TO REJECT ALL BIDS AND CANCEL THE INVITATION. B-155568 DATED JANUARY 4, 1965.
WE REGRET THAT YOUR BID WAS OPENED CONTRARY TO THE PROVISIONS OF ASPR. WE HAVE BEEN ADVISED THAT ACTION HAS BEEN TAKEN BY THE DEPARTMENT OF THE AIR FORCE TO INSURE THAT THE ASPR PROVISIONS CONCERNING THE HANDLING OF LATE BIDS ARE CORRECTLY FOLLOWED IN THE FUTURE AT THE KINDLEY AIR FORCE BASE.