B-151138, MAY 24, 1963

B-151138: May 24, 1963

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INC.: FURTHER REFERENCE IS MADE TO YOUR LETTERS OF MARCH 9 AND 23. WAS RECEIVED AT 1:56 P.M. THE ENVELOPE IN WHICH THE BID OF YOUR FIRM WAS MAILED IS POSTMARKED CHURCH STREET STATION IN NEW YORK CITY. SINCE YOUR BID WAS NOT SENT BY REGISTERED OR CERTIFIED MAIL. IT WAS RETURNED TO YOU UNOPENED AS A LATE UNACCEPTABLE BID. SINCE THE DELAY IN RECEIPT THEREOF IN THE BID ROOM AFTER THE OPENING TIME FIXED BY THE INVITATION WAS DUE SOLELY TO THE MISHANDLING OF THE MAIL BY POSTAL EMPLOYEES. YOU STATE THAT YOU WERE INFORMED BY THE MAIN POST OFFICE IN NEW YORK CITY THAT YOUR BID SHOULD HAVE ARRIVED IN THE FIRST MAIL THE FOLLOWING MORNING. THE INVITATION CAUTIONED ALL BIDDERS UNDER PARAGRAPH 100-1.4 OF THE ADDITIONAL GENERAL PROVISIONS TO TAKE NOTE OF THE PROVISIONS OF THE LATE BID CLAUSE APPEARING IN PARAGRAPH 100-1.5 WHICH STIPULATED THAT "BIDS * * * RECEIVED AT THE OFFICE DESIGNATED IN THE INVITATION FOR BIDS AFTER THE EXACT TIME SET FOR OPENING OF THE BIDS WILL NOT BE CONSIDERED UNLESS * * * (B) THEY ARE SENT BY REGISTERED MAIL.

B-151138, MAY 24, 1963

TO BAITINGER ELECTRIC CO., INC.:

FURTHER REFERENCE IS MADE TO YOUR LETTERS OF MARCH 9 AND 23, 1963, WITH ENCLOSURES, PROTESTING AGAINST THE ACTION OF THE AVIATION SUPPLY OFFICE, PHILADELPHIA, PENNSYLVANIA, IN REJECTING YOUR LATE BID SUBMITTED IN RESPONSE TO INVITATION NO. 383-550-63.

THE INVITATION REQUESTED BIDS TO BE OPENED AT 10 A.M., E.S.T., DECEMBER 13, 1962. AT THE TIME OF THE OPENING YOUR BID HAD NOT BEEN RECEIVED. WAS RECEIVED AT 1:56 P.M., DECEMBER 14, 1962, THE FOLLOWING DAY. THE ENVELOPE IN WHICH THE BID OF YOUR FIRM WAS MAILED IS POSTMARKED CHURCH STREET STATION IN NEW YORK CITY, AT 8 P.M., ON DECEMBER 12, 1962. SINCE YOUR BID WAS NOT SENT BY REGISTERED OR CERTIFIED MAIL, IT WAS RETURNED TO YOU UNOPENED AS A LATE UNACCEPTABLE BID.

YOU CONTEND THAT THE CONTRACTING OFFICER ERRED IN REFUSING TO CONSIDER YOUR OFFER, SINCE THE DELAY IN RECEIPT THEREOF IN THE BID ROOM AFTER THE OPENING TIME FIXED BY THE INVITATION WAS DUE SOLELY TO THE MISHANDLING OF THE MAIL BY POSTAL EMPLOYEES, AND NOT TO ANY FAULT OR NEGLIGENCE ON THE PART OF YOUR FIRM. YOU STATE THAT YOU WERE INFORMED BY THE MAIN POST OFFICE IN NEW YORK CITY THAT YOUR BID SHOULD HAVE ARRIVED IN THE FIRST MAIL THE FOLLOWING MORNING, DECEMBER 13, 1962.

THE INVITATION CAUTIONED ALL BIDDERS UNDER PARAGRAPH 100-1.4 OF THE ADDITIONAL GENERAL PROVISIONS TO TAKE NOTE OF THE PROVISIONS OF THE LATE BID CLAUSE APPEARING IN PARAGRAPH 100-1.5 WHICH STIPULATED THAT "BIDS * * * RECEIVED AT THE OFFICE DESIGNATED IN THE INVITATION FOR BIDS AFTER THE EXACT TIME SET FOR OPENING OF THE BIDS WILL NOT BE CONSIDERED UNLESS * * * (B) THEY ARE SENT BY REGISTERED MAIL, OR BY CERTIFIED MAIL FOR WHICH AN OFFICIAL POST OFFICE STAMP (POSTMARK) ON THE ORIGINAL RECEIPT FOR CERTIFIED MAIL HAS BEEN OBTAINED, * * * AND (C) IT IS DETERMINED BY THE GOVERNMENT THAT LATE RECEIPT WAS DUE SOLELY TO * * * DELAY IN THE MAILS * * *.' THE CONDITIONS SET FORTH IN THE LATE BID CLAUSE OF THE INVITATION FOR CONSIDERATION OF LATE BIDS ARE THOSE PRESCRIBED BY ASPR 2-201 (A) (XXV) FOR THE USE OF THE DEPARTMENT OF DEFENSE.

YOUR BID WAS NOT SENT EITHER BY REGISTERED OR CERTIFIED MAIL, AS REQUIRED BY THE QUOTED TERMS AS A PREREQUISITE TO ITS CONSIDERATION IN THE EVENT OF LATE RECEIPT. INSTEAD, IT WAS SENT BY ORDINARY MAIL.

SINCE YOU FAILED TO UTILIZE ONE OF THE MAILING SERVICES LISTED IN THE LATE BID CLAUSE OF THE INVITATION AND SINCE THERE IS NO AUTHORITY TO WAIVE THESE REQUIREMENTS OR THE APPLICABLE REGULATIONS, WE MUST CONCLUDE THAT THE REJECTION OF YOUR BID WAS PROPER. ACCORDINGLY, SUCH ACTION WILL NOT BE DISTURBED BY THIS OFFICE. SEE B-150124, NOVEMBER 21, 1962, PUBLISHED AT 42 COMP. GEN. - , AND B-150514, MARCH 22, 1963, PUBLISHED AT 42 COMP. GEN. - . ..END :