B-147258, DEC. 8, 1961

B-147258: Dec 8, 1961

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INC.: FURTHER REFERENCE IS MADE TO YOUR LETTER OF SEPTEMBER 25. IT IS YOUR CONTENTION THAT SINCE YOU WERE THE LOW BIDDER THE PROCUREMENT OFFICIALS ERRED IN FAILING TO AWARD THE CONTRACT TO YOU. IT WAS FURTHER PROVIDED THEREIN (PAGE 15) THAT BIDS RECEIVED "AFTER THE EXACT TIME SET FOR OPENING OF THE BIDS WILL NOT BE CONSIDERED. UNLESS THEY ARE RECEIVED BEFORE AWARD IS MADE AND * * * IT IS DETERMINED BY THE GOVERNMENT THAT LATE RECEIPT WAS DUE SOLELY TO EITHER (A) DELAY IN THE MAILS * * * FOR WHICH THE BIDDER WAS NOT RESPONSIBLE OR (B) MISHANDLING BY THE GOVERNMENT AFTER RECEIPT AT THE GOVERNMENT INSTALLATION.'. THE RECORD SHOWS THAT YOUR BID WAS MAILED VIA AIRMAIL SPECIAL DELIVERY. WAS RECEIVED AT THE FACILITY OFFICE AT 8:00 A.M.

B-147258, DEC. 8, 1961

TO NSD DIVISION OF DAVIDOFF ENTERPRISES, INC.:

FURTHER REFERENCE IS MADE TO YOUR LETTER OF SEPTEMBER 25, 1961, PROTESTING AGAINST THE AWARD OF A CONTRACT TO ANY OTHER BIDDER UNDER INVITATION FOR BIDS NO. 204-114-61, ISSUED BY THE SUPPLY OFFICER, UNITED STATES NAVAL AIR STATION, PENSACOLA, FLORIDA. IT IS YOUR CONTENTION THAT SINCE YOU WERE THE LOW BIDDER THE PROCUREMENT OFFICIALS ERRED IN FAILING TO AWARD THE CONTRACT TO YOU.

THE SUBJECT INVITATION SOUGHT BIDS ON THE FURNISHING OF BOXES AND CRATES IN VARYING SIZES AND QUANTITIES DURING THE CONTRACT PERIOD ENDING JUNE 30, 1962. THE INVITATION STIPULATED THAT BIDS THEREON WOULD BE RECEIVED IN THE SUPPLY OFFICE OF THE AIR STATION UNTIL 1:00 O CLOCK P.M., CENTRAL STANDARD TIME, ON JUNE 14, 1961. IT WAS FURTHER PROVIDED THEREIN (PAGE 15) THAT BIDS RECEIVED "AFTER THE EXACT TIME SET FOR OPENING OF THE BIDS WILL NOT BE CONSIDERED, UNLESS THEY ARE RECEIVED BEFORE AWARD IS MADE AND * * * IT IS DETERMINED BY THE GOVERNMENT THAT LATE RECEIPT WAS DUE SOLELY TO EITHER (A) DELAY IN THE MAILS * * * FOR WHICH THE BIDDER WAS NOT RESPONSIBLE OR (B) MISHANDLING BY THE GOVERNMENT AFTER RECEIPT AT THE GOVERNMENT INSTALLATION.'

THE RECORD SHOWS THAT YOUR BID WAS MAILED VIA AIRMAIL SPECIAL DELIVERY, FROM MOUNT VERNON, NEW YORK, AT 9:30 P.M., JUNE 13, 1961, AND WAS RECEIVED AT THE FACILITY OFFICE AT 8:00 A.M., JUNE 15, BEARING A CANCELLATION STAMP SHOWING RECEIPT IN THE PENSACOLA CITY POST OFFICE AT 7:00 P.M., JUNE 14. IT WAS REPORTED BY THE SUPERINTENDENT OF MAILS AT PENSACOLA THAT MAIL POSTED AT 9:30 P.M. AT MOUNT VERNON, NEW YORK, ADDRESSED TO THE NAVAL AIR STATION AT PENSACOLA, FLORIDA, FOR DELIVERY VIA AIRMAIL, SPECIAL DELIVERY, COULD NOT, THROUGH NORMAL HANDLING, HAVE ARRIVED IN THE SUPPLY DEPARTMENT OF THE NAVAL AIR STATION BY 1:00 P.M., JUNE 14, 1961. HENCE, THE DELAY IN DELIVERY OF YOUR BID WAS DUE SOLELY TO YOUR FAILURE TO TIMELY POST THE PARCEL, AND NOT TO ANY DELAY IN THE MAIL SERVICES, OR IN THE MISHANDLING THEREOF BY GOVERNMENT PERSONNEL AT THE STATION.

NUMEROUS CASES INVOLVING LATE BIDS HAVE BEEN CONSIDERED BY THE ACCOUNTING OFFICERS OF THE GOVERNMENT AND IT HAS BEEN HELD THAT, IN THE ABSENCE OF EXCUSABLE CAUSES, SUCH BIDS MAY NOT BE CONSIDERED FOR AWARD. SEE 37 COMP. GEN. 35; 37 ID. 750; 38 ID. 234. IN VIEW OF THE REPORTED FACTS IN THIS CASE, THE ACTION TAKEN BY THE CONTRACTING OFFICER WAS PROPER AND WILL NOT BE DISTURBED.