B-136606, SEPTEMBER 23, 1958, 38 COMP. GEN. 234

B-136606, SEPTEMBER 23, 1958, 38 COMP. GEN. 234

BIDS - LATE - HAND-CARRIED A HAND-CARRIED BID WHICH WAS NOT PRESENTED AT THE BID OPENING ROOM UNTIL SEVEN MINUTES AFTER THE TIME FOR OPENING AND AFTER ONE BID HAD BEEN READ, BECAUSE THE BIDDER WAS DELAYED DUE TO INSUFFICIENT DIRECTIONAL SIGNS AT THE PROCUREMENT DEPOT, WAS PROPERLY DISREGARDED AS A LATE BID.

TO THE SECRETARY OF THE ARMY, SEPTEMBER 23, 1958:

REFERENCE IS MADE TO LETTER DATED AUGUST 21, 1958, WITH ENCLOSURES, FROM THE ASSISTANT SECRETARY ( LOGISTICS), WHO REPORTED ON THE PROTEST OF CENTURY ROOFING AND REMODELING CO., OAKLAND, CALIFORNIA, IN CONNECTION WITH INVITATION NO. QM-04-468-58-198, AND REQUESTED A DECISION WHETHER THE LATE HAND-CARRIED BID OF FRED J. EARLY, JR. CO., INC., SAN FRANCISCO, CALIFORNIA, WAS PROPERLY DISREGARDED IN MAKING AN AWARD UNDER THE SUBJECT INVITATION.

ENCLOSED FOR YOUR INFORMATION IS A COPY OF OUR LETTER OF TODAY TO CENTURY ROOFING AND REMODELING CO.

THE SUBJECT INVITATION REQUESTED BIDS TO BE DELIVERED TO THE PURCHASING DIVISION OFFICE, SOUTH END WAREHOUSE B-2, SHARPE GENERAL DEPOT, LATHROP, CALIFORNIA, UNTIL 3:00 P.M., ON JUNE 20, 1958.

AT 2:55 P.M., ON JUNE 20, 1958, A FRED J. EARLY, JR. CO. REPRESENTATIVE WHO WAS HAND-CARRYING THE COMPANY'S BID WAS ISSUED PASS NO. 18581 BY THE SHARPE GENERAL DEPOT PROVOST MARSHAL'S OFFICE. THE REPRESENTATIVE THEN PROCEEDED APPROXIMATELY 100 FEET TO THE MAIN GATE WHERE HE PRESENTED HIS PASS TO THE GUARD WHO ASKED HIM IF HE KNEW WHERE HE KNEW WHERE HE WAS GOING. HE RESPONDED THAT HE DID AND HE WAS WAVED THROUGH THE GATE. APPROXIMATELY 3:07 P.M., SEVEN MINUTES AFTER BID OPENING TIME AND AFTER ONE BID HAD BEEN OPENED AND READ, HE ARRIVED AT THE BID ROOM. IT IS REPORTED THAT HAD HE PROCEEDED DIRECTLY TO THE BID OPENING ROOM HE WOULD HAVE ARRIVED AT 2:59 P.M., ONE MINUTE BEFORE OPENING TIME. HOWEVER, IT IS SUGGESTED THAT HIS DELAY IN ARRIVAL BE ATTRIBUTED TO THE INSUFFICIENCY OF THE DIRECTIONAL SIGNS LOCATED WITHIN THE DEPOT.

A HAND-CARRIED BID SHOULD NOT BE CONSIDERED IN THE SAME STATUS AS A BID WHICH IS MAILED AND WOULD BE DELIVERED IN NORMAL COURSE TO THE ADDRESSEE. IT IS THE RESPONSIBILITY OF A BIDDER SUBMITTING A HAND CARRIED BID TO SEE THAT ITS BID IS DELIVERED AT THE DESIGNATED OFFICE PRIOR TO THE TIME SPECIFIED FOR THE OPENING OF BIDS. FAILURE TO DO SO IS FATAL TO THE CONSIDERATION OF THE BID FOR AN AWARD. IN B-135237, FEBRUARY 25, 1958, WE SAID:

* * * OBVIOUSLY, THERE MUST BE A TIME AFTER WHICH BIDS MAY NOT BE RECEIVED, AND TO PERMIT CONSIDERATIONS OF DELAYS IN TRAFFIC, AND THE LIKE, TO ALTER OR AFFECT THE FIXED AND EXACT TIME CLEARLY STATED IN THE INVITATION WOULD, IN OUR OPINION, TEND TO WEAKEN THE COMPETITIVE BID SYSTEM. * * *

OUR DECISION AT 34 COMP. GEN. 150, WHEREIN WE ALLOWED CONSIDERATION OF A BID HAND-DELIVERED THREE MINUTES LATE, WAS PREMISED ON THE FACT THAT THE BID HAD BEEN DELIVERED ON TIME TO THE ROOM USUALLY SET ASIDE FOR RECEIVING BIDS AND BEFORE THE OPENING OF ANY BID AT THE ACTUAL PLACE OF OPENING.

ACCORDINGLY, IN OUR OPINION, THE BID OF THE FRED J. EARLY, JR. CO. WAS PROPERLY DISREGARDED FOR FAILURE TO ARRIVE ON TIME.