B-191526, APR 6, 1978
Highlights
BIDS WERE OPENED ON MARCH 21. MEMCOM'S BID WAS SENT BY REGISTERED MAIL ON MARCH 17. WAS RECEIVED ON MARCH 22. THE BID WAS CONSIDERED LATE UNDER THE APPLICABLE PROVISION OF THE IFB AS IT HAD NOT BEEN MAILED 5 DAYS PRIOR TO BID OPENING. MEMCOM CONTENDS THAT ITS BID WAS LATE DUE TO "POOR GOVERNMENT POSTAL SERVICE.". OUR OFFICE HAS CONSISTENTLY HELD THAT THE BIDDER HAS THE RESPONSIBILITY TO ASSURE TIMELY ARRIVAL OF ITS BID FOR A SCHEDULED BID OPENING AND MUST BEAR THE RESPONSIBILITY OF LATE ARRIVAL OF A BID UNLESS THE SPECIFIED CONDITIONS SET FORTH IN THE IFB ARE MET. THOSE CONDITIONS ARE SET FORTH IN FEDERAL PROCUREMENT REGULATIONS SEC. 1 2.201(31) (1964 ED. OR WITHDRAWAL OF BIDS "(A) ANY BID RECEIVED AT THE OFFICE DESIGNATED IN THE SOLICITATION AFTER THE EXACT TIME SPECIFIED FOR RECEIPT WILL NOT BE CONSIDERED UNLESS IT IS RECEIVED BEFORE AWARD IS MADE AND EITHER: "(1) IT WAS SENT BY REGISTERED OR CERTIFIED MAIL NOT LATER THAN THE FIFTH CALENDAR DAY PRIOR TO THE DATE SPECIFIED FOR THE RECEIPT OF BIDS (E.G.
B-191526, APR 6, 1978
AGENCY PROPERLY REJECTED AS LATE BID SENT BY REGISTERED MAIL LESS THAN 5 CALENDAR DAYS PRIOR TO BID OPENING AND RECEIVED DAY AFTER BID OPENING.
MEMCOM:
MEMCOM PROTESTS THE REJECTION OF ITS BID AS LATE BY THE FEDERAL AVIATION ADMINISTRATION UNDER INVITATION FOR BIDS (IFB) NO. LGM-7 7907.
BIDS WERE OPENED ON MARCH 21, 1978. MEMCOM'S BID WAS SENT BY REGISTERED MAIL ON MARCH 17, 1978, AND WAS RECEIVED ON MARCH 22, 1978. THE BID WAS CONSIDERED LATE UNDER THE APPLICABLE PROVISION OF THE IFB AS IT HAD NOT BEEN MAILED 5 DAYS PRIOR TO BID OPENING. MEMCOM CONTENDS THAT ITS BID WAS LATE DUE TO "POOR GOVERNMENT POSTAL SERVICE."
OUR OFFICE HAS CONSISTENTLY HELD THAT THE BIDDER HAS THE RESPONSIBILITY TO ASSURE TIMELY ARRIVAL OF ITS BID FOR A SCHEDULED BID OPENING AND MUST BEAR THE RESPONSIBILITY OF LATE ARRIVAL OF A BID UNLESS THE SPECIFIED CONDITIONS SET FORTH IN THE IFB ARE MET. THOSE CONDITIONS ARE SET FORTH IN FEDERAL PROCUREMENT REGULATIONS SEC. 1 2.201(31) (1964 ED. AMEND. 153) AND STATE IN PERTINENT PART:
"LATE BIDS, MODIFICATIONS OF BIDS, OR WITHDRAWAL OF BIDS
"(A) ANY BID RECEIVED AT THE OFFICE DESIGNATED IN THE SOLICITATION AFTER THE EXACT TIME SPECIFIED FOR RECEIPT WILL NOT BE CONSIDERED UNLESS IT IS RECEIVED BEFORE AWARD IS MADE AND EITHER:
"(1) IT WAS SENT BY REGISTERED OR CERTIFIED MAIL NOT LATER THAN THE FIFTH CALENDAR DAY PRIOR TO THE DATE SPECIFIED FOR THE RECEIPT OF BIDS (E.G., A BID SUBMITTED IN RESPONSE TO A SOLICITATION REQUIRING RECEIPT OF BIDS BY THE 20TH OF THE MONTH MUST HAVE BEEN MAILED BY THE 15TH) OR
"(2) IT WAS SENT BY MAIL (OR TELEGRAM IF AUTHORIZED) AND IT IS DETERMINED BY THE GOVERNMENT THAT THE LATE RECEIPT WAS DUE SOLELY TO MISHANDLING BY THE GOVERNMENT AFTER RECEIPT AT THE GOVERNMENT INSTALLATION."
SINCE MEMCOM STATES THAT ITS BID WAS MAILED THE FOURTH DAY PRIOR TO BID OPENING AND INDICATES THAT THE BID WAS DELIVERED THE DAY AFTER BID OPENING BECAUSE OF POOR POSTAL SERVICE, IT IS NOT ELIGIBLE FOR CONSIDERATION UNDER EITHER OF THE CONDITIONS SPECIFIED. LO-RENCIN CONTRACTING CO., INC., B-188329, FEBRUARY 25, 1977, 77-1 CPD 144.
IN VIEW OF THE ABOVE, AND OUR PRACTICE OF DECIDING A BID PROTEST WITHOUT REQUESTING AN AGENCY REPORT WHEN IT IS CLEAR FROM THE PROTESTER'S SUBMISSION THAT THE PROTEST IS WITHOUT LEGAL MERIT, SEE, E.G., AFRO- AMERICAN DATANAMICS, INC., B-190703, DECEMBER 8, 1977, 77-2 CPD 448, THE PROTEST IS SUMMARILY DENIED.