B-147312, NOV. 16, 1961

B-147312: Nov 16, 1961

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SEVEN BIDS WERE AVAILABLE AND OPENED. WAS RECEIVED IN THAT OFFICE. THE ENVELOPE IS MARKED AIR MAIL SPECIAL DELIVERY CERTIFIED MAIL. IS METER POSTMARKED "MORGANVILLE N.J. IT WAS ASCERTAINED THAT ALTHOUGH IT WAS DELIVERED TO THE MATERIEL CONTRACTS BRANCH AT 3:32 P.M. IT WAS DECIDED THAT THE OPENING WOULD BE PROPER AND IT WAS ACCOMPLISHED IN THE PRESENCE OF GOVERNMENT WITNESSES. THE BID THAT WAS CONTAINED THEREIN WAS THE LOWEST BID RECEIVED UNDER THE INVITATION. * * *: "/B) IT IS DETERMINED THAT THE BID. WAS RECEIVED AT THE GOVERNMENT INSTALLATION IN SUFFICIENT TIME TO BE RECEIVED AT THE OFFICE DESIGNATED IN THE INVITATION BY THE TIME SET FOR OPENING. WOULD HAVE BEEN RECEIVED ON TIME AT THE OFFICE DESIGNATED.'.

B-147312, NOV. 16, 1961

TO MR. J. J. WITTKOPF, GENERAL MANAGER, TAMAR ELECTRONICS, INC.:

IN LETTERS OF SEPTEMBER 28 AND 29, 1961, YOU PROTESTED AGAINST CONSIDERATION OF YOUR BID AS UNRESPONSIVE TO INVITATION 90-2-27B1 FOR FAILURE TO ACKNOWLEDGE AN AMENDMENT TO THE INVITATION CHANGING THE REQUIRED DELIVERY SCHEDULE, AND ALSO AGAINST THE AWARD MADE TO LAVOIE LABORATORIES, INC., DESPITE THE ARRIVAL OF THEIR BID AFTER THE TIME SPECIFIED FOR THE OPENING OF BIDS.

ON SEPTEMBER 12, 1961, AT THE 2:00 P.M. BID OPENING TIME, SEVEN BIDS WERE AVAILABLE AND OPENED. THEREAFTER, AT 3:32 P.M., A SEALED ENVELOPE FROM LAVOIE LABORATORIES, INC., ADDRESSED TO THE MATERIEL CONTRACTS BRANCH, WAS RECEIVED IN THAT OFFICE. THE ENVELOPE IS MARKED AIR MAIL SPECIAL DELIVERY CERTIFIED MAIL, IS METER POSTMARKED "MORGANVILLE N.J. SEP. 11,"61," AND DESCRIBES THE CONTENTS AS "INVITATION NO. 90-2-27B1 DUE DATE: 2:00 P.M. EDT - SEPT. 12, 1961.'

FOLLOWING RECEIPT OF THE SEALED ENVELOPE, IT WAS ASCERTAINED THAT ALTHOUGH IT WAS DELIVERED TO THE MATERIEL CONTRACTS BRANCH AT 3:32 P.M., IT HAD BEEN RECEIVED IN THE ADMINISTRATIVE AGENCY MAILROOM AT 12:51; P.M., MORE THAN AN HOUR IN ADVANCE OF THE SPECIFIED BID OPENING TIME. IN THE CIRCUMSTANCES, IT WAS DECIDED THAT THE OPENING WOULD BE PROPER AND IT WAS ACCOMPLISHED IN THE PRESENCE OF GOVERNMENT WITNESSES. THE BID THAT WAS CONTAINED THEREIN WAS THE LOWEST BID RECEIVED UNDER THE INVITATION.

FEDERAL PROCUREMENT REGULATIONS 1-2.303-2 PROVIDE:

"A LATE BID SHALL BE CONSIDERED FOR AWARD ONLY IF RECEIVED BEFORE AWARD; AND * * *:

"/B) IT IS DETERMINED THAT THE BID, IF SUBMITTED BY MAIL OR TELEGRAM (WHERE AUTHORIZED), WAS RECEIVED AT THE GOVERNMENT INSTALLATION IN SUFFICIENT TIME TO BE RECEIVED AT THE OFFICE DESIGNATED IN THE INVITATION BY THE TIME SET FOR OPENING, AND, EXCEPT FOR DELAY DUE TO MISHANDLING ON THE PART OF THE GOVERNMENT AT THE INSTALLATION, WOULD HAVE BEEN RECEIVED ON TIME AT THE OFFICE DESIGNATED.'

THE TREATMENT OF THE LAVOIE LABORATORIES, INC., BID THEREFORE APPEARS TO HAVE BEEN IN ACCORDANCE WITH PRESCRIBED PROCEDURES, AND WE SEE NO LEGAL BASIS FOR OBJECTING TO THE ADMINISTRATIVE ACTION TAKEN.

ALSO, SINCE THE LAVOIE LABORATORIES, INC., BID WAS THE LOWEST RECEIVED AND HAS BEEN DETERMINED TO BE ACCEPTABLE, THE QUESTION CONCERNING THE RESPONSIVENESS OF YOUR BID IS ACADEMIC AND DOES NOT REQUIRE ANY CONSIDERATION BY OUR OFFICE.