B-135864, APR. 24, 1958

B-135864: Apr 24, 1958

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INC.: REFERENCE IS MADE TO YOUR LETTER OF APRIL 15. THE TIME SCHEDULED FOR THE OPENING OF THE BIDS WAS 9:20 A.M. YOUR PROPOSAL WAS NOT RECEIVED AT THE PROCUREMENT OFFICE UNTIL 10:30 A.M. SEPARATE AWARDS WERE MADE THE THE TWO LOWEST BIDDERS IMMEDIATELY AFTER THE FORMAL OPENING OF THE BIDS. YOU HAVE PROTESTED THESE AWARDS ON THE GROUND THAT YOUR PROPOSAL WAS AIR MAILED. NORMALLY SHOULD HAVE ARRIVED AT FORT LEWIS. IT LONG HAS BEEN THE RULE THAT IT IS THE BIDDERS' RESPONSIBILITY TO SEE THAT THEIR BIDS REACH THE OPENING OFFICE BEFORE THE TIME FIXED FOR THE OPENING OF THE BIDS. INASMUCH AS THE RECORDS SHOW THAT YOUR PROPOSAL WAS NOT RECEIVED IN THE PROCUREMENT OFFICE UNTIL AFTER THE BIDS WERE OPENED AND THE AWARDS ACTUALLY HAD BEEN MADE THEREUNDER.

B-135864, APR. 24, 1958

TO MANHATTAN LIGHTING EQUIPMENT CO., INC.:

REFERENCE IS MADE TO YOUR LETTER OF APRIL 15, 1958, WITH ENCLOSURES, PROTESTING THE REJECTION OF YOUR PROPOSAL SUBMITTED IN RESPONSE TO INVITATION NO. AVI-45-016-58-145, ISSUED BY THE PURCHASING AND CONTRACTING OFFICER AT FORT LEWIS, WASHINGTON.

THE TIME SCHEDULED FOR THE OPENING OF THE BIDS WAS 9:20 A.M. (PST) MARCH 31, 1958. ACCORDING TO AVAILABLE RECORDS, YOUR PROPOSAL WAS NOT RECEIVED AT THE PROCUREMENT OFFICE UNTIL 10:30 A.M. MARCH 31, OR ONE HOUR AND TEN MINUTES AFTER THE SCHEDULED TIME OF OPENING. DUE ALLEGEDLY TO THE URGENCY OF THE NEED FOR THESE SUPPLIES, SEPARATE AWARDS WERE MADE THE THE TWO LOWEST BIDDERS IMMEDIATELY AFTER THE FORMAL OPENING OF THE BIDS.

YOU HAVE PROTESTED THESE AWARDS ON THE GROUND THAT YOUR PROPOSAL WAS AIR MAILED, PRESUMABLY FROM NEW YORK CITY, AT 7:00 P.M. FRIDAY, MARCH 28, 1958, AND NORMALLY SHOULD HAVE ARRIVED AT FORT LEWIS, WASHINGTON, AT 2:35 P.M. SATURDAY, MARCH 29TH.

IT LONG HAS BEEN THE RULE THAT IT IS THE BIDDERS' RESPONSIBILITY TO SEE THAT THEIR BIDS REACH THE OPENING OFFICE BEFORE THE TIME FIXED FOR THE OPENING OF THE BIDS. SEE 34 COMP. GEN. 150, 151.

INASMUCH AS THE RECORDS SHOW THAT YOUR PROPOSAL WAS NOT RECEIVED IN THE PROCUREMENT OFFICE UNTIL AFTER THE BIDS WERE OPENED AND THE AWARDS ACTUALLY HAD BEEN MADE THEREUNDER, WE ARE CONSTRAINED TO HOLD THAT THE ADMINISTRATIVE DECISION TO RETURN TO YOU YOUR UNOPENED PROPOSAL MAY NOT LEGALLY BE QUESTIONED BY OUR OFFICE.