B-157380, SEP. 13, 1965

B-157380: Sep 13, 1965

Additional Materials:

Contact:

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

 

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

TO BROWNLINE CORPORATION: FURTHER REFERENCE IS MADE TO YOUR LETTER OF JULY 30. YOU CONTEND THAT IT WAS MAILED IN SUFFICIENT TIME TO HAVE ARRIVED BEFORE THE TIME SET FOR THE BID OPENING AND. WHICH BEARS A NOTATION IN INK THAT YOUR BID WAS MAILED AT 5 P.M. ALSO ACCOMPANYING YOUR PROTEST IS A LETTER DATED JUNE 30. COULD HAVE BEEN SENT IN THE 10 P.M. THE INVITATION PROVIDED THAT BIDS RECEIVED AT THE DESIGNATED OFFICE AFTER THE EXACT TIME SET FOR OPENING OF BIDS WOULD NOT BE CONSIDERED UNLESS RECEIVED BEFORE AWARD IS MADE AND IT IS DETERMINED BY THE GOVERNMENT THAT LATE RECEIPT WAS DUE SOLELY TO DELAY IN THE MAILS FOR WHICH THE BIDDER WAS NOT RESPONSIBLE. THE EVIDENCE OF RECORD ESTABLISHES THAT THE LATE RECEIPT OF YOUR BID WAS NOT DUE TO DELAY IN THE MAILS.

B-157380, SEP. 13, 1965

TO BROWNLINE CORPORATION:

FURTHER REFERENCE IS MADE TO YOUR LETTER OF JULY 30, 1965, IN WHICH YOU PROTEST THE AWARD OF A CONTRACT TO ANY OTHER BIDDER UNDER INVITATION FOR BIDS NO. 188 ISSUED BY THE UNITED STATES MARINE CORPS ON JUNE 9, 1965.

THE INVITATION PROVIDED THAT BIDS WOULD BE OPENED IN ROOM 4106, NAVY ANNEX, ARLINGTON, VIRGINIA, AT 2 P.M., E.D.T., ON JUNE 24, 1965. ALTHOUGH YOUR BID ARRIVED AT THE PROCUREMENT AGENCY SUBSEQUENT TO 2 P.M. ON JUNE 24, YOU CONTEND THAT IT WAS MAILED IN SUFFICIENT TIME TO HAVE ARRIVED BEFORE THE TIME SET FOR THE BID OPENING AND, THEREFORE, MUST BE CONSIDERED FOR AWARD.

IN SUPPORT THEREOF, YOU FURNISHED A COPY OF RECEIPT FOR CERTIFIED MAIL NO. 971009, WHICH BEARS A NOTATION IN INK THAT YOUR BID WAS MAILED AT 5 P.M. ON JUNE 22, 1965. ALSO ACCOMPANYING YOUR PROTEST IS A LETTER DATED JUNE 30, 1965, FROM THE POSTMASTER AT REDONDO BEACH, CALIFORNIA, WHEREIN HE VERIFIES THE 5 P.M. MAILING TIME AND STATES THAT THIS MAIL COLLECTION WOULD NORMALLY BE DISPATCHED AT 7:45 P.M. ON JUNE 22, BUT COULD HAVE BEEN SENT IN THE 10 P.M. DISPATCH ON THE DAY OF MAILING.

IN RESPONSE TO A REQUEST FROM THE MARINE CORPS, THE POSTMASTER, WASHINGTON, D.C., ADVISED THAT ACCORDING TO AVAILABLE SCHEDULES, A CERTIFIED LETTER MAILED IN ORDINARY MAILS AT 5 P.M., JUNE 22, 1965, FROM REDONDO BEACH, CALIFORNIA, WOULD BE DUE TO ARRIVE AT THE WASHINGTON, D.C., POST OFFICE AT 9:35 P.M. ON JUNE 24, 1965--- OR ABOUT 8 HOURS AFTER THE BID OPENING TIME.

THE INVITATION PROVIDED THAT BIDS RECEIVED AT THE DESIGNATED OFFICE AFTER THE EXACT TIME SET FOR OPENING OF BIDS WOULD NOT BE CONSIDERED UNLESS RECEIVED BEFORE AWARD IS MADE AND IT IS DETERMINED BY THE GOVERNMENT THAT LATE RECEIPT WAS DUE SOLELY TO DELAY IN THE MAILS FOR WHICH THE BIDDER WAS NOT RESPONSIBLE. SEE, ALSO, SECTION 2-303.2 OF THE ARMED SERVICES PROCUREMENT REGULATION. THE EVIDENCE OF RECORD ESTABLISHES THAT THE LATE RECEIPT OF YOUR BID WAS NOT DUE TO DELAY IN THE MAILS, BUT RATHER WAS ATTRIBUTABLE TO LATE MAILING ON YOUR PART. UNDER THIS CIRCUMSTANCE, AND SINCE IT WAS YOUR RESPONSIBILITY TO PROPERLY MAIL YOUR BID IN SUFFICIENT TIME TO REACH THE DESIGNATED OFFICE BEFORE THE BID OPENING TIME, YOUR LATE BID WAS PROPERLY REJECTED.