B-156285, APR. 5, 1965

B-156285: Apr 5, 1965

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THE TIME SET FOR OPENING OF BIDS WAS 11 A.M. ONLY ONE BID WAS RECEIVED AT THE SCHEDULED BID TIME AND AWARD OF A CONTRACT HAS BEEN MADE TO THIS BIDDER. YOUR BID WAS NOT RECEIVED IN THE FHA MAILROOM UNTIL 3 P.M. IT HAD BEEN SENT BY AIRMAIL BUT IT WAS NOT REGISTERED OR CERTIFIED. YOU WERE ADVISED ON MARCH 8. IT IS YOUR CONTENTION THAT THE PROCUREMENT OFFICE SHOULD HAVE CONSIDERED YOUR BID SINCE YOU SENT IT BY AIRMAIL AT 4 P.M. THIS WAS DONE IN SUFFICIENT TIME SO THAT THE BID SHOULD HAVE ARRIVED BY BID OPENING TIME. SECTION 1-2.303-2 OF THE FEDERAL PROCUREMENT REGULATIONS PROVIDES THAT: "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-156285, APR. 5, 1965

TO BISON PAINTING AND DECORATING CORP.:

YOUR LETTER OF MARCH 9, 1965, PROTESTS THE REJECTION OF YOUR LATE BID SUBMITTED IN RESPONSE TO INVITATION FOR BIDS NO. 65-322 ISSUED BY THE FEDERAL HOUSING ADMINISTRATION (FHA), COVERING REPAIRS AND PAINTING AT GRANDYLE VILLAGE, GRAND ISLAND, NEW YORK.

THE TIME SET FOR OPENING OF BIDS WAS 11 A.M., E.S.T., MARCH 5, 1965. ONLY ONE BID WAS RECEIVED AT THE SCHEDULED BID TIME AND AWARD OF A CONTRACT HAS BEEN MADE TO THIS BIDDER. YOUR BID WAS NOT RECEIVED IN THE FHA MAILROOM UNTIL 3 P.M., MARCH 5, 1965, AND IT HAD BEEN SENT BY AIRMAIL UNTIL 3 P.M., MARCH 5, 1965, AND IT HAD BEEN SENT BY AIRMAIL BUT IT WAS NOT REGISTERED OR CERTIFIED. YOU WERE ADVISED ON MARCH 8, 1965, BY A REPRESENTATIVE OF FHA THAT YOUR BID HAD ARRIVED LATE AND IN ACCORDANCE WITH THE FEDERAL PROCUREMENT REGULATIONS IT COULD NOT BE CONSIDERED.

IT IS YOUR CONTENTION THAT THE PROCUREMENT OFFICE SHOULD HAVE CONSIDERED YOUR BID SINCE YOU SENT IT BY AIRMAIL AT 4 P.M. ON MARCH 4, 1965, AND THIS WAS DONE IN SUFFICIENT TIME SO THAT THE BID SHOULD HAVE ARRIVED BY BID OPENING TIME.

SECTION 1-2.303-2 OF THE FEDERAL PROCUREMENT REGULATIONS PROVIDES THAT:

"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 AIRMAIL. SINCE YOU FAILED TO UTILIZE ONE OF THE MAILING SERVICES LISTED ABOVE AND SINCE THERE IS NO AUTHORITY TO WAIVE THESE REGULATIONS, WE MUST CONCLUDE THAT YOUR BID WAS PROPERLY REJECTED. SEE 42 COMP. GEN. 255; ID. 509.