B-153238, FEB. 13, 1964

B-153238: Feb 13, 1964

Additional Materials:

Contact:

Edda Emmanuelli Perez
(202) 512-2853
EmmanuelliPerezE@gao.gov

 

Office of Public Affairs
(202) 512-4800
youngc1@gao.gov

AT THE TIME BIDS WERE OPENED. YOUR BID HAD NOT BEEN RECEIVED AND WAS NOT RECEIVED AT THE PROCUREMENT OFFICE UNTIL 8 A.M. SINCE YOUR BID WAS NOT SENT BY REGISTERED OR CERTIFIED MAIL. YOU WERE ADVISED ON DECEMBER 27 THAT YOUR BID WOULD BE HELD UNOPENED UNTIL AFTER AWARD AND THEN WOULD BE RETURNED TO YOU. IT IS YOUR CONTENTION THAT THE PROCUREMENT OFFICE SHOULD HAVE CONSIDERED YOUR BID FOR AWARD SINCE YOU MAILED IT DURING THE MORNING OF DECEMBER 24 FROM CHICAGO. IT WAS AFFIXED WITH A 5-CENT STAMP FOR DELIVERY VIA REGULAR MAIL. YOUR BID WAS NOT TIMELY RECEIVED. PROVIDES: "A LATE BID SHALL BE CONSIDERED FOR AWARD ONLY IF: "/A) IT IS RECEIVED BEFORE AWARD. EITHER "/B) IT WAS SENT BY REGISTERED MAIL OR BY CERTIFIED MAIL FOR WHICH AN OFFICIAL DATED POST OFFICE STAMP (POSTMARK) ON THE ORIGINAL RECEIPT FOR CERTIFIED MAIL HAS BEEN OBTAINED.

B-153238, FEB. 13, 1964

TO LANGE ENGINEERING COMPANY:

BY LETTER DATED JANUARY 8, 1964, WITH ENCLOSURE, YOU PROTESTED AGAINST THE REJECTION OF YOUR LATE BID SUBMITTED IN RESPONSE TO INVITATION FOR BIDS NO. GS-05BC-3287, ISSUED BY THE PUBLIC BUILDINGS SERVICE, GENERAL SERVICES ADMINISTRATION, COVERING THE PROCUREMENT OF A FIREALARM SYSTEM.

THE INVITATION REQUESTED BIDS TO BE OPENED AT 2 P.M., DECEMBER 26, 1963. AT THE TIME BIDS WERE OPENED, YOUR BID HAD NOT BEEN RECEIVED AND WAS NOT RECEIVED AT THE PROCUREMENT OFFICE UNTIL 8 A.M. ON DECEMBER 27, 1963. SINCE YOUR BID WAS NOT SENT BY REGISTERED OR CERTIFIED MAIL, YOU WERE ADVISED ON DECEMBER 27 THAT YOUR BID WOULD BE HELD UNOPENED UNTIL AFTER AWARD AND THEN WOULD BE RETURNED TO YOU.

IT IS YOUR CONTENTION THAT THE PROCUREMENT OFFICE SHOULD HAVE CONSIDERED YOUR BID FOR AWARD SINCE YOU MAILED IT DURING THE MORNING OF DECEMBER 24 FROM CHICAGO, VIA SPECIAL DELIVERY MAIL, IN SUFFICIENT TIME FOR IT TO REACH ITS DESTINATION IN CHICAGO BY 2 P.M., DECEMBER 26.

HOWEVER, A PHOTOSTATIC COPY OF YOUR BID ENVELOPE CONTAINS CONTRARY EVIDENCE. THE ENVELOPE BORE A CHICAGO POSTMARK DATED 7 P.M., DECEMBER 24; IT WAS AFFIXED WITH A 5-CENT STAMP FOR DELIVERY VIA REGULAR MAIL; AND A TIME STAMP THEREON SHOWS THE TIME OF RECEIPT AT THE PROCUREMENT OFFICE AT 8 A.M., DECEMBER 27. THEREFORE, YOUR BID WAS NOT TIMELY RECEIVED.

SECTION 1-2.303-2, FEDERAL PROCUREMENT REGULATIONS, PROVIDES:

"A LATE BID SHALL BE CONSIDERED FOR AWARD ONLY IF:

"/A) IT IS RECEIVED BEFORE AWARD; AND EITHER

"/B) IT WAS SENT BY REGISTERED MAIL OR BY CERTIFIED MAIL FOR WHICH AN OFFICIAL DATED POST OFFICE STAMP (POSTMARK) ON THE ORIGINAL RECEIPT FOR CERTIFIED MAIL HAS BEEN OBTAINED, * * * AND IT IS DETERMINED THAT THE LATENESS WAS DUE SOLELY TO A DELAY IN THE MAILS * * *"

YOUR BID WAS NOT SENT EITHER BY REGISTERED OR CERTIFIED MAIL, AS REQUIRED BY THE REGULATIONS 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 ABOVE AND SINCE THERE IS NO AUTHORITY TO WAIVE THESE REQUIREMENTS, WE MUST CONCLUDE THAT YOUR BID WAS PROPERLY REJECTED. SEE 42 COMP. GEN. 255, AND B-150514, MARCH 22, 1963, 42 COMP. GEN. 508.