B-135672, MAY 29, 1958

B-135672, MAY 29, 1958

TO MR. CLARENCE E. WAGNER, CONTRACTING OFFICER, ORDNANCE CORPS:

REFERENCE IS MADE TO YOUR LETTER DATED MARCH 25, 1958, REFERENCE ORDBC 400.14 6, WITH ENCLOSURES, AND OTHER MATERIAL SUBSEQUENTLY SUBMITTED AT OUR INFORMAL REQUEST THROUGH THE DEPUTY ASSISTANT SECRETARY (LOGISTICS), REQUESTING A DECISION AS TO THE ACTION THAT SHOULD BE TAKEN WITH RESPECT TO THE LATE RECEIPT OF AN ADDENDUM TO A BID SUBMITTED BY E. F. HAUSERMAN COMPANY, CHICAGO, ILLINOIS.

INVITATION NO. ORD-11-070-58-96 WAS ISSUED ON JANUARY 7, 1958, FOR NECESSARY SERVICES, ALL PLANT LABOR, EQUIPMENT, APPLIANCES AND MATERIAL REQUIRED TO ACCOMPLISH ALL WORK IN INSTALLING STEEL PARTITIONS IN CERTAIN BUILDINGS ON THE ARSENAL. ADDENDUM NO. 1 TO THE SUBJECT INVITATION WAS ISSUED ON FEBRUARY 12, 1958, CHANGING THE SCOPE OF THE INVITATION BY REDUCING THE AMOUNT OF WORK TO BE ACCOMPLISHED AS WELL AS EXTENDING THE BID OPENING DATE TO FEBRUARY 27, 1958.

ON FEBRUARY 27, 1958, AT THE TIME FIXED FOR OPENING, 2:00 P.M., THE BIDS WERE OPENED. THE MILLS COMPANY SUBMITTED A BID WITH ADDENDUM NO. 1 AT A PRICE OF $25,111. THE E. F. HAUSERMAN COMPANY SUBMITTED A BID WITHOUT ADDENDUM NO. 1 AT A PRICE OF $33,533. ON FEBRUARY 28, 1958, AT :25 A.M., A SEALED STANDARD-FORM BID ENVELOPE MAILED BY THE E. F. HAUSERMAN COMPANY WAS DELIVERED TO THE ARSENAL. THE ENVELOPE IS MARKED "AIR MAIL SPECIAL DELIVERY," BUT THE WORDS "SPECIAL DELIVERY" ARE LINED OUT AND THE ENVELOPE IS STAMPED IN TWO PLACES "INSUFFICIENT POSTAGE FOR SPECIAL DELIVERY.' POSTAGE WAS AFFIXED BY METERED DEVICE AND THE POSTAGE METER STAMP BEARS THE WORDS "CHICAGO ILL. FEB 26 58.' THERE IS NO INDICATION ON THE ENVELOPE AS TO THE HOUR OF MAILING.

IF, AS PROVIDED BY ASPR 2-302.1, THE ENVELOPE IS TREATED AS MAILED AT 11:59 P.M. ON FEBRUARY 26, 1958, IT WOULD NOT HAVE BEEN DELIVERED BY THE TIME FIXED FOR OPENING. HOWEVER, ACCORDING TO AN AFFIDAVIT FROM THE CHICAGO BRANCH MANAGER OF THE E. F. HAUSERMAN COMPANY, AT APPROXIMATELY :00 P.M. ON FEBRUARY 26, 1958, HE REQUESTED AN EMPLOYEE OF THE COMPANY TO DISPATCH THE ENVELOPE AND ACCORDING TO THE AFFIDAVIT OF THE EMPLOYEE, AT APPROXIMATELY 4:15 P.M. ON FEBRUARY 26, 1958, SHE PERSONALLY DEPOSITED THE ENVELOPE AT THE LA SALLE STREET BRANCH POST OFFICE AND SUPERINTENDENT MCGEE STATED TO HER THAT DELIVERY WOULD BE MADE AT ROCK ISLAND ARSENAL MIDMORNING, FEBRUARY 27. EVIDENTLY SUPERINTENDENT MCGEE NEVER SAW THE SUBJECT ENVELOPE AND ONLY MADE HIS STATEMENT IN RESPONSE TO AN INQUIRY FROM THE EMPLOYEE.

UPON THE BASIS OF INFORMATION RECEIVED FROM THE SUPERINTENDENT OF MAILS AT ROCK ISLAND POST OFFICE, YOU STATE THAT, EVEN IF THE ENVELOPE HAD BEEN AIR MAILED WITHOUT THE SPECIAL DELIVERY SERVICE AT 4:15 P.M., IT WOULD HAVE ARRIVED IN ROCK ISLAND IN SUFFICIENT TIME TO HAVE BEEN PICKED UP BY THE ARSENAL'S TRUCK FOR RECEIPT AT THE TWO O-CLOCK OPENING OF THE BID.

WE ARE OF THE OPINION THAT THE EVIDENCE IN THIS MATTER IS INSUFFICIENT TO ESTABLISH THAT THE BID ENVELOPE WAS MAILED IN TIME TO ARRIVE BEFORE THE BID OPENING. WHILE THERE ARE SELF-SERVING STATEMENTS BY EMPLOYEES OF THE COMPANY THAT THE ENVELOPE WAS MAILED AT APPROXIMATELY 4:15 P.M., THERE IS NO OTHER EVIDENCE TO SUBSTANTIATE THAT FACT NOR IS THERE ANY SHOWING OR EXPLANATION AS TO WHAT MIGHT HAVE CAUSED THE DELAY IN THE RECEIPT OF THE ENVELOPE. CF. B-135796, MAY 13, 1958, 37 COMP. GEN. - , DISTINGUISHING 36 COMP. GEN. 370.

ACCORDINGLY, AFTER AN AWARD HAS BEEN MADE, THE SUBJECT ENVELOPE SHOULD BE RETURNED UNOPENED TO THE E. F. HAUSERMAN COMPANY.