B-150923, APR. 18, 1963

B-150923: Apr 18, 1963

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TO CONTINENTAL ELECTRIC EQUIPMENT COMPANY: REFERENCE IS MADE TO YOUR TELEGRAM DATED FEBRUARY 27. REJECTION WAS PROPOSED BECAUSE THE BID DOCUMENT WAS NOT RECEIVED IN THE PURCHASING DEPARTMENT OF THE NAVY FACILITY INVOLVED UNTIL 11:17 A.M. WHEREAS THE TIME AND DATE FIXED FOR OPENING OF SUCH BIDS WAS 1:30 P.M. THE RECORD SHOWS THAT THE PARCEL CONTAINING YOUR BID WAS NOT RECEIVED IN THE SPECIAL DELIVERY SECTION OF THE NORFOLK. DELAY COULD NOT THEREFORE HAVE BEEN DUE TO MISHANDLING BY THE GOVERNMENT AFTER ARRIVAL AT THE SUPPLY CENTER. POSTAL AUTHORITIES HAVE ADVISED THAT IF THE PARCEL HAD BEEN MAILED AT COVINGTON. IT SHOULD HAVE ARRIVED IN DUE COURSE IN NORFOLK BY 8:30 A.M. THE ONLY EVIDENCE THAT THE BID WAS TIMELY MAILED IS THE SELF-SERVING STATEMENT OF YOUR MAIL DELIVERY CLERK.

B-150923, APR. 18, 1963

TO CONTINENTAL ELECTRIC EQUIPMENT COMPANY:

REFERENCE IS MADE TO YOUR TELEGRAM DATED FEBRUARY 27, 1963, PROTESTING AGAINST THE REJECTION OF YOUR BID SUBMITTED TO THE NAVAL SUPPLY CENTER, NORFOLK, VIRGINIA, IN RESPONSE TO INVITATION FOR BIDS NO. 189-243-63. REJECTION WAS PROPOSED BECAUSE THE BID DOCUMENT WAS NOT RECEIVED IN THE PURCHASING DEPARTMENT OF THE NAVY FACILITY INVOLVED UNTIL 11:17 A.M., JANUARY 30, 1963, WHEREAS THE TIME AND DATE FIXED FOR OPENING OF SUCH BIDS WAS 1:30 P.M., JANUARY 29, 1963.

THE RECORD SHOWS THAT THE PARCEL CONTAINING YOUR BID WAS NOT RECEIVED IN THE SPECIAL DELIVERY SECTION OF THE NORFOLK, VIRGINIA POST OFFICE UNTIL 3:30 P.M., JANUARY 29, 1963, OR TWO HOURS AFTER THE OPENING TIME ESTABLISHED BY THE INVITATION. DELAY COULD NOT THEREFORE HAVE BEEN DUE TO MISHANDLING BY THE GOVERNMENT AFTER ARRIVAL AT THE SUPPLY CENTER. POSTAL AUTHORITIES HAVE ADVISED THAT IF THE PARCEL HAD BEEN MAILED AT COVINGTON, KENTUCKY, BEFORE 7 P.M., JANUARY 28, 1963, IT SHOULD HAVE ARRIVED IN DUE COURSE IN NORFOLK BY 8:30 A.M., JANUARY 29, 1963, OR IN AMPLE TIME TO REACH THE PROCUREMENT OFFICE BEFORE BID OPENING. HOWEVER, THE ONLY EVIDENCE THAT THE BID WAS TIMELY MAILED IS THE SELF-SERVING STATEMENT OF YOUR MAIL DELIVERY CLERK. WHILE THE SUPERINTENDENT OF MAIL AT THE COVINGTON POST OFFICE STATED IN LETTER OF FEBRUARY 19, 1963, THAT THE LETTER IN QUESTION WAS DEPOSITED BY 7:00 P.M; HE LATER ADVISED THE NAVY BUREAU OF SUPPLIES AND ACCOUNTS, UNDER DATE OF MARCH 15, 1963, THAT THE DISPATCH CLERK THEN ON DUTY COULD NOT MAKE A DEFINITE STATEMENT SUPPORTING THE ALLEGED MAILING DATE AND TIME OF YOUR BID.

THE SUBJECT INVITATION PROVIDED ONLY THAT LATE BIDS WOULD BE CONSIDERED IF THE DELAY WAS DUE SOLELY TO DELAY IN THE MAILS, OR MISHANDLING BY THE GOVERNMENT AFTER RECEIPT AT THE GOVERNMENT INSTALLATION.

SINCE THE RECORD FAILS TO ESTABLISH CONCLUSIVELY THAT THE BID WAS TIMELY MAILED WE MUST CONCLUDE THAT IT COULD NOT PROPERLY BE CONSIDERED. HOWEVER, WE ARE ADVISED THAT BECAUSE NEITHER OF THE BIDS OPENED IS CONSIDERED FULLY RESPONSIVE TO THE TERMS OF THE INVITATION IT IS PROPOSED THAT THE INVITATION BE CANCELLED AND THE PROCUREMENT BE READVERTISED PURSUANT TO APPLICABLE REGULATIONS. WE ARE TODAY ADVISING THE DEPARTMENT OF THE NAVY OF OUR APPROVAL OF THAT PROPOSAL.