B-150124, NOV. 21, 1962
Highlights
TO THE SECRETARY OF THE NAVY: REFERENCE IS MADE TO THE PROTEST OF STAFFORD MANUFACTURING CO. A COPY OF OUR DECISION OF TODAY TO THE PROTESTING BIDDER IS ENCLOSED. IT IS BELIEVED. IT IS STATED THAT THE BID IT SUBMITTED HAD BEEN PROMPTLY RETURNED UNOPENED TO THE FIRM BY THE PURCHASING OFFICIALS. WHICH PROVIDES THAT LATE BIDS WHICH ARE NOT CONSIDERED FOR AWARD SHALL BE HELD UNOPENED UNTIL AFTER AWARD. WE THINK THIS IS A PROPER PROCEDURAL REQUIREMENT WHICH SHOULD BE FOLLOWED.
B-150124, NOV. 21, 1962
TO THE SECRETARY OF THE NAVY:
REFERENCE IS MADE TO THE PROTEST OF STAFFORD MANUFACTURING CO., INC., AGAINST THE REJECTION OF ITS LATE BID SUBMITTED IN RESPONSE TO INVITATION FOR BIDS NO. 104-872-63, ISSUED BY SHIPS PARTS CONTROL CENTER, AS TO WHICH THE BUREAU OF SUPPLIES AND ACCOUNTS FURNISHED US WITH A REPORT UNDER DATE OF OCTOBER 29, 1962. A COPY OF OUR DECISION OF TODAY TO THE PROTESTING BIDDER IS ENCLOSED.
IN OUR CONSIDERATION OF THE MATTER WE NOTED IN THE RECORD A CERTAIN PROCEDURAL MATTER ON THE PART OF THE PROCUREMENT OFFICE WHICH, IT IS BELIEVED, SHOULD BE BROUGHT TO YOUR ATTENTION. IN LETTER OF OCTOBER 9, 1962, FROM THE PROTESTING BIDDER TO THE CONTRACTING OFFICER, IT IS STATED THAT THE BID IT SUBMITTED HAD BEEN PROMPTLY RETURNED UNOPENED TO THE FIRM BY THE PURCHASING OFFICIALS. SUCH ACTION APPEARS TO BE CONTRARY TO THE INSTRUCTIONS CONTAINED IN PARAGRAPH 2-303-7 OF ASPR, WHICH PROVIDES THAT LATE BIDS WHICH ARE NOT CONSIDERED FOR AWARD SHALL BE HELD UNOPENED UNTIL AFTER AWARD. WE THINK THIS IS A PROPER PROCEDURAL REQUIREMENT WHICH SHOULD BE FOLLOWED.