B-225994.2, JAN 21, 1987, 87-1 CPD 79
Highlights
PROCUREMENT - COMPETITIVE NEGOTIATION - HAND-CARRIED OFFERS - LATE SUBMISSION - ACCEPTANCE CRITERIA - ACCEPTANCE DIGEST: OFFER DELIVERED BY UNITED STATES POSTAL SERVICE EXPRESS MAIL THE DAY AFTER IT WAS DUE PROPERLY WAS REJECTED. SINCE A LATE HAND-CARRIED OFFER CAN BE CONSIDERED ONLY IF MISHANDLING BY THE PROCURING AGENCY WAS THE PARAMOUNT CAUSE OF THE LATE RECEIPT. THAT THE OFFER WAS NOT DELIVERED TO THE CONTRACTING ACTIVITY UNTIL THE DAY AFTER IT WAS DUE. AN AGENCY MAY CONSIDER A PROPOSAL THAT IS RECEIVED AFTER THE DATE REQUIRED IN THE SOLICITATION ONLY IF ONE OF THE EXCEPTIONS AGAINST CONSIDERING LATE PROPOSALS APPLIES. A PROPOSAL THAT IS SENT BY POSTAL SERVICE EXPRESS MAIL IS CONSIDERED TO BE HAND CARRIED.
B-225994.2, JAN 21, 1987, 87-1 CPD 79
PROCUREMENT - COMPETITIVE NEGOTIATION - HAND-CARRIED OFFERS - LATE SUBMISSION - ACCEPTANCE CRITERIA - ACCEPTANCE DIGEST: OFFER DELIVERED BY UNITED STATES POSTAL SERVICE EXPRESS MAIL THE DAY AFTER IT WAS DUE PROPERLY WAS REJECTED, SINCE A LATE HAND-CARRIED OFFER CAN BE CONSIDERED ONLY IF MISHANDLING BY THE PROCURING AGENCY WAS THE PARAMOUNT CAUSE OF THE LATE RECEIPT.
NORTHWEST PROSTHETIC AND ORTHOTIC CLINIC:
NORTHWEST PROSTHETIC AND ORTHOTIC CLINIC (NORTHWEST) PROTESTS THE REJECTION OF ITS OFFER AS LATE UNDER VETERANS ADMINISTRATION SOLICITATION NO. M1-Q15-B7. THE FIRM STATES THAT IT SENT THE OFFER BY UNITED STATES POSTAL SERVICE EXPRESS MAIL WITH DELIVERY ON THE REQUIRED DATE GUARANTEED, BUT THAT THE OFFER WAS NOT DELIVERED TO THE CONTRACTING ACTIVITY UNTIL THE DAY AFTER IT WAS DUE.
AN AGENCY MAY CONSIDER A PROPOSAL THAT IS RECEIVED AFTER THE DATE REQUIRED IN THE SOLICITATION ONLY IF ONE OF THE EXCEPTIONS AGAINST CONSIDERING LATE PROPOSALS APPLIES. COMPATH BUSINESS TELEPHONE SYSTEMS, B-213575, MAY 22, 1984, 84-1 CPD PARA. 543. A PROPOSAL THAT IS SENT BY POSTAL SERVICE EXPRESS MAIL IS CONSIDERED TO BE HAND CARRIED, AND IF DELIVERED LATE IT CAN BE CONSIDERED ONLY IF MISHANDLING BY THE PROCURING AGENCY-- NOT THE POSTAL SERVICE-- WAS THE PARAMOUNT CAUSE OF THE LATE RECEIPT. MINORITY BUSINESS ENTERPRISES, INC., B-211836, MAY 31, 1983, 83-1 CPD PARA. 583. SINCE NORTHWEST DOES NOT SUGGEST ANY SUCH MISHANDLING OCCURRED HERE, THE OFFER PROPERLY WAS REJECTED.
THE PROTEST IS DISMISSED.