B-154334, JUL. 23, 1964

B-154334: Jul 23, 1964

Additional Materials:

Contact:

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

 

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

TO ELECTROSOLIDS CORPORATION: FURTHER REFERENCE IS MADE TO YOUR TELEFAX DATED JUNE 2. THE RECORD SHOWS THAT YOUR BID WAS DELIVERED BY COMMERCIAL AIR FREIGHT (EMERY AIR FREIGHT CORPORATION) TO PHILADELPHIA AND THEN HAND CARRIED TO THE AVIATION SUPPLY OFFICE (ASO) BY A REPRESENTATIVE OF EMERY. THE FACTS SHOW THAT THE BID WAS NOT DELIVERED TO ASO WITHIN THE TIME SPECIFIED IN THE INVITATION. STATES: "THE DEADLINE WAS CLEARLY STATED ON OUR WAYBILL BUT THE DRIVER WAS DELAYED BY ANOTHER DELIVERY AND TRAFFIC CONGESTION ENROUTE TO YOUR OFFICE. "ELECTROSOLIDS HAD SUBMITTED THE BID TO EMERY AIR FREIGHT WITH SUFFICIENT TIME TO MAKE THE DEADLINE AND THE DELAY WAS NO FAULT OF THEIRS.'. THE REFUSAL OF THE CONTRACTING OFFICER TO CONSIDER YOUR BID WAS IN ACCORDANCE WITH THE PROVISIONS OF PARAGRAPH 2-303.5 OF THE ARMED SERVICES PROCUREMENT REGULATION WHICH SPECIFICALLY PROVIDES THAT A LATE HAND- CARRIED BID OR ANY OTHER LATE BID NOT SUBMITTED BY MAIL OR TELEGRAM SHALL NOT BE CONSIDERED FOR AWARD.

B-154334, JUL. 23, 1964

TO ELECTROSOLIDS CORPORATION:

FURTHER REFERENCE IS MADE TO YOUR TELEFAX DATED JUNE 2, 1964, AS WELL AS TO SUBSEQUENT CORRESPONDENCE PROTESTING AGAINST THE DISQUALIFICATION OF YOUR LATE BID UNDER AVIATION SUPPLY OFFICE INVITATION FOR BIDS NO. SBCS- 383-1010-64.

THE RECORD SHOWS THAT YOUR BID WAS DELIVERED BY COMMERCIAL AIR FREIGHT (EMERY AIR FREIGHT CORPORATION) TO PHILADELPHIA AND THEN HAND CARRIED TO THE AVIATION SUPPLY OFFICE (ASO) BY A REPRESENTATIVE OF EMERY. ALTHOUGH THE BID PACKAGE LEFT THE CARRIER'S TERMINAL IN AMPLE TIME FOR AN EARLY DELIVERY, THE FACTS SHOW THAT THE BID WAS NOT DELIVERED TO ASO WITHIN THE TIME SPECIFIED IN THE INVITATION.

IN A LETTER ADDRESSED TO THE AVIATION SUPPLY OFFICE, DATED JUNE 2, 1964, AN OFFICER OF EMERY EXPLAINED THE CIRCUMSTANCES CONCERNING YOUR LATE BID. THEIR LETTER, IN PART, STATES:

"THE DEADLINE WAS CLEARLY STATED ON OUR WAYBILL BUT THE DRIVER WAS DELAYED BY ANOTHER DELIVERY AND TRAFFIC CONGESTION ENROUTE TO YOUR OFFICE. THIS CAUSED AN HOUR DELAY IN OUR DELIVERING THE BID THEREBY MISSING THE DEADLINE FOR SUBMITTING SAME.

"ELECTROSOLIDS HAD SUBMITTED THE BID TO EMERY AIR FREIGHT WITH SUFFICIENT TIME TO MAKE THE DEADLINE AND THE DELAY WAS NO FAULT OF THEIRS.'

THE REFUSAL OF THE CONTRACTING OFFICER TO CONSIDER YOUR BID WAS IN ACCORDANCE WITH THE PROVISIONS OF PARAGRAPH 2-303.5 OF THE ARMED SERVICES PROCUREMENT REGULATION WHICH SPECIFICALLY PROVIDES THAT A LATE HAND- CARRIED BID OR ANY OTHER LATE BID NOT SUBMITTED BY MAIL OR TELEGRAM SHALL NOT BE CONSIDERED FOR AWARD. WE HAVE PREVIOUSLY HELD THAT A HAND-CARRIED BID SHOULD NOT BE CONSIDERED IN THE SAME STATUS AS ONE WHICH IS MAILED AND WOULD BE TIMELY DELIVERED IN NORMAL COURSE TO THE ADDRESSEE. 38 COMP. GEN. 234. IT IS CLEARLY THE SOLE RESPONSIBILITY OF A BIDDER SUBMITTING A HAND-CARRIED BID TO SEE THAT ITS BID IS DELIVERED TO THE DESIGNATED OFFICE PRIOR TO THE TIME SPECIFIED FOR THE OPENING OF BIDS. FAILURE TO DO SO IS FATAL TO THE CONSIDERATION OF THE BID FOR AN AWARD. IN AN UNPUBLISHED DECISION B 135237, DATED FEBRUARY 25, 1958, WE STATED:

"* * * OBVIOUSLY, THERE MUST BE A TIME AFTER WHICH BIDS MAY NOT BE RECEIVED, AND TO PERMIT CONSIDERATION OF DELAYS IN TRAFFIC, AND THE LIKE, TO ALTER OR AFFECT THE FIXED AND EXACT TIME CLEARLY STATED IN THE INVITATION WOULD, IN OUR OPINION, TEND TO WEAKEN THE COMPETITIVE BID SYSTEM. WHILE SUCH FIXED REQUIREMENT FOR BID OPENING MAY OPERATE HARSHLY IN CERTAIN INSTANCES, ANY RELAXATION OF THE RULE WOULD INEVITABLY CREATE CONFUSION AND DISAGREEMENTS AS TO ITS APPLICABILITY IN MANY CASES AND FACILITATE THE PERPETRATION OF FRAUDS.'

IN VIEW THEREOF, WE FIND NO BASIS FOR OBJECTING TO THE ADMINISTRATIVE ACTION TAKEN.