B-158559, APR. 8, 1966

B-158559: Apr 8, 1966

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INC.: REFERENCE IS MADE TO YOUR TELEGRAM DATED FEBRUARY 18. THIS IFB WAS ISSUED DECEMBER 3. BIDS WERE TO BE OPENED AT 4 P.M. WHICH DATE WAS SUBSEQUENTLY EXTENDED TO 4 P.M. THE REPRESENTATIVE WAS INFORMED THAT SUCH BIDS COULD NOT BE ACCEPTED SINCE THE IFB DID NOT AUTHORIZE TELEGRAPHIC BIDS. WHICH WAS SENT FROM BALTIMORE. ADVISED YOU THAT TELEGRAPHIC BIDS WERE NOT TO BE CONSIDERED AND THAT. YOUR BID WAS RECEIVED AFTER THE TIME SET FOR OPENING OF BIDS. YOUR BID WAS THEREFORE REJECTED. AS FOLLOWS: "* * * TELEGRAPHIC BIDS WILL NOT BE CONSIDERED UNLESS AUTHORIZED BY THE INVITATION * * *" THERE IS NO PROVISION IN THE IFB AUTHORIZING THE SUBMISSION OF TELEGRAPHIC BIDS. THE PROVISONS OF SF-33A ARE THEREFORE IN COMPLIANCE WITH THIS REGULATION.

B-158559, APR. 8, 1966

TO GENERAL TRUCK AND EQUIPMENT, INC.:

REFERENCE IS MADE TO YOUR TELEGRAM DATED FEBRUARY 18, 1966, PROTESTING THE HANDLING OF THE BIDDING BY THE CONTRACTING OFFICER UNDER INVITATION FOR BIDS (IFB) 25-600-66-80. THIS IFB WAS ISSUED DECEMBER 3, 1965, BY THE BASE PROCUREMENT OFFICE, OFFUTT AIR FORCE BASE, NEBRASKA, FOR 23 INSULATED TRUCK BODIES. BIDS WERE TO BE OPENED AT 4 P.M. CST, ON JANUARY 4, 1966, WHICH DATE WAS SUBSEQUENTLY EXTENDED TO 4 P.M. CST, ON FEBRUARY 15, 1966, BY AMENDMENT NO. 3 TO THE IFB.

FROM THE RECORD BEFORE US IT APPEARS THAT AT APPROXIMATELY 15 MINUTES BEFORE THE TIME SCHEDULED FOR BID OPENING A REPRESENTATIVE OF YOUR COMPANY CALLED THE CONTRACTING OFFICER AND INQUIRED AS TO THE SUBMISSION OF TELEGRAPHIC BIDS. THE REPRESENTATIVE WAS INFORMED THAT SUCH BIDS COULD NOT BE ACCEPTED SINCE THE IFB DID NOT AUTHORIZE TELEGRAPHIC BIDS. NEVERTHELESS, ON THE NEXT DAY, FEBRUARY 16, 1966, THE CONTRACTING OFFICER RECEIVED A TELEGRAM FROM YOUR COMPANY, WHICH WAS SENT FROM BALTIMORE, MARYLAND, ON FEBRUARY 15, 1966, AT 4:55 P.M. EST, OFFERING A BID PRICE OF $4,231 FOR EACH INSULATED VAN BODY.

BASED UPON THE PROVISIONS OF STANDARD FORM (SF) 33-A, PARAGRAPH 3, ENTITLED SUBMISSION OF BIDS, THE CONTRACTING OFFICER BY LETTER DATED FEBRUARY 16, 1966, ADVISED YOU THAT TELEGRAPHIC BIDS WERE NOT TO BE CONSIDERED AND THAT, IN ANY EVENT, YOUR BID WAS RECEIVED AFTER THE TIME SET FOR OPENING OF BIDS. YOUR BID WAS THEREFORE REJECTED.

THE PROVISION OF SF 33-A TO WHICH THE CONTRACTING OFFICER REFERRED READS IN PERTINENT PART, AS FOLLOWS:

"* * * TELEGRAPHIC BIDS WILL NOT BE CONSIDERED UNLESS AUTHORIZED BY THE INVITATION * * *" THERE IS NO PROVISION IN THE IFB AUTHORIZING THE SUBMISSION OF TELEGRAPHIC BIDS.

IT SHOULD ALSO BE NOTED THAT PARAGRAPH 2-301 (B) OF THE ARMED SERVICES PROCUREMENT REGULATION PROVIDES THAT:

"TELEGRAPHIC BIDS SHALL NOT BE CONSIDERED UNLESS PERMITTED BY THE INVITATION FOR BIDS.' THE PROVISONS OF SF-33A ARE THEREFORE IN COMPLIANCE WITH THIS REGULATION.

BASED UPON THE FOREGOING, AND SINCE IN ANY EVENT YOUR BID WAS NOT TRANSMITTED UNTIL 5 MINUTES BEFORE BID OPENING TIME AND WAS NOT RECEIVED UNTIL THE DAY FOLLOWING BID OPENING, IT IS OUR OPINION THAT THE ACTION TAKEN BY THE CONTRACTING OFFICER IN REJECTING YOUR BID WAS IN ACCORDANCE WITH THE APPLICABLE REGULATION. ACCORDINGLY, YOUR PROTEST AGAINST SUCH REJECTION MUST BE DENIED.