B-158997, JUN. 1, 1966

B-158997: Jun 1, 1966

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INC.: REFERENCE IS MADE TO YOUR TELEGRAM OF APRIL 20. WHICH WAS LOW AND SENT BY CERTIFIED MAIL. WAS NOT RECEIVED AT THE BASE PROCUREMENT OFFICE. ONE DAY AFTER THE BID OPENING WHICH WAS HELD AT 4:00 P.M. DUE TO THE URGENCY OF THE PROCUREMENT AND AN ADMINISTRATIVE DETERMINATION THAT THE LATENESS OF THE SHERKADE BID WAS DUE TO A DELAY IN THE MAILS. THE CONTRACT WAS AWARDED TO SHERKADE ON APRIL 28. THE CONDITIONS UNDER WHICH LATE BIDS MAY BE CONSIDERED WERE SET FORTH IN THE INVITATION FOR BIDS UNDER PARAGRAPH 7 (A) OF THE INSTRUCTIONS TO BIDDERS. WHICH PERMITS CONSIDERATION OF A LATE BID WHEN IT IS RECEIVED BY CERTIFIED MAIL BEFORE AWARD AND IT IS DETERMINED BY THE GOVERNMENT THAT THE LATE RECEIPT WAS DUE SOLELY TO DELAY IN THE MAILS.

B-158997, JUN. 1, 1966

TO A. G. PROCTOR COMPANY, INC.:

REFERENCE IS MADE TO YOUR TELEGRAM OF APRIL 20, 1966, PROTESTING AGAINST ANY AWARD OF A CONTRACT FOR THE REPAIR OF THE RUNWAY LIGHTING SYSTEM AT K. I. SAWYER AIR FORCE BASE, MICHIGAN, INVITATION FOR BIDS (IFB) NO. 20-613- 66-44, TO SHERKADE CONSTRUCTION CORPORATION, YONKERS, NEW YORK, ON THE BASIS THAT SUCH FIRM'S BID, WHICH WAS LOW AND SENT BY CERTIFIED MAIL, WAS NOT RECEIVED AT THE BASE PROCUREMENT OFFICE, AS DESIGNATED IN THE IFB, UNTIL APRIL 12, 1966, ONE DAY AFTER THE BID OPENING WHICH WAS HELD AT 4:00 P.M. ON APRIL 11. DUE TO THE URGENCY OF THE PROCUREMENT AND AN ADMINISTRATIVE DETERMINATION THAT THE LATENESS OF THE SHERKADE BID WAS DUE TO A DELAY IN THE MAILS, THE CONTRACT WAS AWARDED TO SHERKADE ON APRIL 28.

THE CONDITIONS UNDER WHICH LATE BIDS MAY BE CONSIDERED WERE SET FORTH IN THE INVITATION FOR BIDS UNDER PARAGRAPH 7 (A) OF THE INSTRUCTIONS TO BIDDERS, STANDARD FORM 22, WHICH PERMITS CONSIDERATION OF A LATE BID WHEN IT IS RECEIVED BY CERTIFIED MAIL BEFORE AWARD AND IT IS DETERMINED BY THE GOVERNMENT THAT THE LATE RECEIPT WAS DUE SOLELY TO DELAY IN THE MAILS. UNDER PARAGRAPH 7 (C) THE TIME OF MAILING OF SUCH A BID MAY BE ESTABLISHED THROUGH "AN ENTRY IN INK ON THE RECEIPT FOR CERTIFIED MAIL SHOWING THE TIME OF MAILING AND THE INITIALS OF THE POSTAL EMPLOYEE RECEIVING THE ITEM AND MAKING THE ENTRY, WITH APPROPRIATE WRITTEN VERIFICATION OF SUCH ENTRY FROM THE POST OFFICE STATION OF MAILING, IN WHICH CASE THE TIME OF MAILING SHALL BE THE TIME SHOWN IN THE ENTRY.' SIMILAR AND ADDITIONAL PROVISIONS CONCERNING THE HANDLING OF LATE BIDS ARE SET FORTH UNDER PARAGRAPH 2 303 OF THE ARMED SERVICES PROCUREMENT REGULATION (ASPR), AND IN ACCORDANCE WITH PART 2-303.6 THEREOF SHERKADE WAS ADVISED BY THE SAWYER BASE PROCUREMENT OFFICE OF THE REQUIREMENTS FOR ESTABLISHING THE TIME WHEN ITS BID WAS MAILED. BY LETTER OF APRIL 14, 1966, SHERKADE FORWARDED TO THE BASE PROCUREMENT OFFICE A COPY OF THE RECEIPT FOR ITS CERTIFIED LETTER SHOWING A MAILING TIME OF 11:00 A.M., APRIL 9, 1966, AS INITIALED BY THE APPROPRIATE YONKERS POSTAL EMPLOYEE, TOGETHER WITH A LETTER ADDRESSED TO THE BASE PROCUREMENT OFFICE FROM THE POST OFFICE ACTING SUPERINTENDENT (MAIN OFFICE WINDOW SERVICE) AT YONKERS WHICH READS AS FOLLOWS:

"PLEASE BE ADVISED THAT THE SHERKADE CONSTRUCTION CO. 26 LATTIN DRIVE YONKERS, N.Y. 10705 MAILED A CERTIFIED LETTER NO. 032463 SPECIAL DELIVERY AIR-MAIL ON SATURDAY APRIL 9, 1966 AT 11:00 A.M. WHICH WAS ACCEPTED BY CLERK WILLIAM STOCKFIELD AT THE SOUTH STATION POST OFFICE, YONKERS, NEW YORK. THE ABOVE CERTIFIED LETTER WAS ADDRESSED TO BASE PROCUREMENT OFFICE BUILDING NO. 730 ROOM 19, K. I. SAWYER AFB, MICHIGAN.

"THE ABOVE MENTIONED LETTER WAS DISPATCHED FROM THE SOUTH STATION, YONKERS, N.Y. 10705 AT 12:00 NOON ON APRIL 9, 1966 TO THE G.P.O. YONKERS, N.Y. 10701. IT WAS THEN DISPATCHED FROM G.P.O. YONKERS, N.Y. AT 3:30 P.M. ON APRIL 9, 1966 TO ITS DESTINATION AND SHOULD ARRIVED AT SAWYER AFB, MICHIGAN ON APRIL 11, 1966 IN THE A.M.'

PARAGRAPH 2-303.3 (C) OF ASPR PROVIDES THAT INFORMATION CONCERNING THE "NORMAL" TIME FOR MAIL DELIVERY SHALL BE OBTAINED BY THE PURCHASING ACTIVITY FROM THE POSTMASTER, SUPERINTENDENT OF MAILS, OR A DULY AUTHORIZED REPRESENTATIVE FOR THAT PURPOSE, OF THE POST OFFICE SERVING THAT ACTIVITY. THE FOLLOWING STATEMENT WAS FURNISHED THE BASE PROCUREMENT OFFICE BY THE POST OFFICE SUPERINTENDENT AT K. I. SAWYER AIR FORCE BASE:

"THE BID MAILED FROM YONKERS, NEW YORK ON THE 9TH OF APRIL, 1966 AT 11:00 A.M. SHOULD HAVE BEEN RECEIVED AT K. I. SAWYER AIR FORCE BASE ON THE 11TH OF APRIL ABOUT 9:00 A.M., AS MAIL DISPATCHED IN THE MORNING FROM ANYWHERE IN THE STATES, SHOULD ARRIVE AT ITS DESTINATION IN THE MORNING, TWO DAYS LATER.

"THE NORMAL TIME FOR REGULAR MAIL DELIVERY FROM MARQUETTE, MICHIGAN TO K. I. SAWYER AIR FORCE BASE IS ONE DAY.

"AIR MAIL IS TAKEN FROM THE AIRPORT TO THE MARQUETTE POST OFFICE AND DISPATCHED DIRECTLY TO K. I. SAWYER AIR FORCE BASE.'

THE CONTRACTING OFFICER HAS STATED THAT "IF THE BID MAILED FROM YONKERS, NEW YORK HAD ARRIVED AT K. I. SAWYER AIR FORCE BASE ON THE 11TH OF APRIL IN THE 9:00 MAILRUN, THE BASE PROCUREMENT OFFICE WOULD HAVE RECEIVED IT IN THE 10:00 A.M. DISTRIBUTION OR, AT THE LATEST, IN THE 3:00 DISTRIBUTION.'

SINCE IT SEEMS MANIFEST FROM THE FOREGOING THAT SHERKADE'S BID WAS MAILED IN SUFFICIENT TIME UNDER A NORMAL DELIVERY SCHEDULE FOR ITS RECEIPT AT THE OFFICE DESIGNATED IN THE IFS PRIOR TO THE TIME SET FOR BID OPENING, WHICH IS THE CRITERION ESTABLISHED FOR CONSIDERATION OF BIDS RECEIVED AFTER BID OPENING TIME BUT BEFORE AWARD, WE FIND NO BASIS FOR QUESTIONING THE AIR FORCE DECISION TO CONSIDER THAT FIRM'S BID FOR AWARD.