B-159192, JULY 25, 1966, 46 COMP. GEN. 85

B-159192: Jul 25, 1966

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WHEN A CERTIFIED MAIL RECEIPT FAILS TO SHOW AN INK ENTRY OF THE TIME A BID IS MAILED AND THE INITIALS OF THE POSTAL EMPLOYEE RECEIVING THE ITEM AND RESPONSIBLE FOR THE ENTRY AS REQUIRED BY PARAGRAPH 2-303.3/B) OF THE ARMED SERVICES PROCUREMENT REGULATION. THE BID IS CONSIDERED TO HAVE BEEN MAILED THE LAST MINUTE OF THE DATE SHOWN IN THE POSTMARK ON THE RECEIPT. ALTHOUGH THE INADVERTENT OPENING OF A LATE BID WAS UNFORTUNATE AND PUT THE BIDDER TO THE EXPENSE OF SECURING ADEQUATE FINANCING. 1966: FURTHER REFERENCE IS MADE TO YOUR LETTER OF MAY 12 AND TELEGRAM DATED MAY 13. VIRGINIA RECEIPT IS ALSO ACKNOWLEDGED OF YOUR LETTER OF JUNE 17 AND YOUR ATTORNEY'S LETTERS DATED JUNE 27 AND 28. BIDDERS WERE INSTRUCTED TO ADDRESS THEIR BIDS TO THE DIRECTORATE OF PROCUREMENT & PRODUCTION.

B-159192, JULY 25, 1966, 46 COMP. GEN. 85

BIDS - LATE - MAIL DELAY EVIDENCE - CERTIFIED MAIL. WHEN A CERTIFIED MAIL RECEIPT FAILS TO SHOW AN INK ENTRY OF THE TIME A BID IS MAILED AND THE INITIALS OF THE POSTAL EMPLOYEE RECEIVING THE ITEM AND RESPONSIBLE FOR THE ENTRY AS REQUIRED BY PARAGRAPH 2-303.3/B) OF THE ARMED SERVICES PROCUREMENT REGULATION, THE BID IS CONSIDERED TO HAVE BEEN MAILED THE LAST MINUTE OF THE DATE SHOWN IN THE POSTMARK ON THE RECEIPT, 5 P.M; AND AS A BID SO MAILED WOULD NOT ARRIVE UNTIL AFTER BID OPENING, IT DOES NOT QUALIFY FOR CONSIDERATION AS A LATE BID, EVEN THOUGH A LETTER FROM THE POST OFFICE TENDS TO ESTABLISH TIMELY MAILING, THE REQUIREMENTS OF PARAGRAPH 2-303.3/B), THE ONLY ACCEPTABLE EVIDENCE FOR CERTIFIED MAIL, NOT HAVING BEEN SATISFIED. BIDS - LATE - OPENING OF BID EFFECT. ALTHOUGH THE INADVERTENT OPENING OF A LATE BID WAS UNFORTUNATE AND PUT THE BIDDER TO THE EXPENSE OF SECURING ADEQUATE FINANCING, THAT ALONE DOES NOT JUSTIFY DISREGARDING THE INJUNCTION OF PARAGRAPH 2-404.1 OF THE ARMED SERVICES PROCUREMENT REGULATION AGAINST WITHHOLDING AWARD FROM THE LOWEST RESPONSIBLE AND RESPONSIVE BIDDER WITHOUT A COMPELLING REASON TO REJECT ALL BIDS AND CANCEL THE INVITATION.

TO MERCURY CHEMICAL CO; INC; JULY 25, 1966:

FURTHER REFERENCE IS MADE TO YOUR LETTER OF MAY 12 AND TELEGRAM DATED MAY 13, 1966, PROTESTING AGAINST THE PROPOSED AWARD OF A CONTRACT TO A COMPANY OTHER THAN YOUR FIRM UNDER DEFENSE SUPPLY AGENCY INVITATION FOR BIDS NO. DSA-4-66-4150, ISSUED BY THE DEFENSE GENERAL SUPPLY CENTER (DGSC), RICHMOND, VIRGINIA RECEIPT IS ALSO ACKNOWLEDGED OF YOUR LETTER OF JUNE 17 AND YOUR ATTORNEY'S LETTERS DATED JUNE 27 AND 28, 1966.

THE INVITATION REQUESTED BIDS FOR FURNISHING 4000,000 POUCHES OF DISINFECTANT. BIDDERS WERE INSTRUCTED TO ADDRESS THEIR BIDS TO THE DIRECTORATE OF PROCUREMENT & PRODUCTION, DEFENSE GENERAL SUPPLY CENTER, RICHMOND, VIRGINIA.

ARTICLE 6 OF BIDDING INSTRUCTIONS, TERMS, AND CONDITIONS (SUPPLY CONTRACT), STANDARD FORM 33-A, READS AS FOLLOWS:

6. LATE BIDS AND MODIFICATIONS OR WITHDRAWALS.---/A) BIDS AND MODIFICATIONS OR WITHDRAWALS THEREOF RECEIVED AT THE OFFICE DESIGNATED IN THE INVITATION FOR BIDS AFTER THE EXACT TIME SET FOR OPENING OF BIDS WILL NOT BE CONSIDERED UNLESS: (1) THEY ARE RECEIVED BEFORE AWARD IS MADE; AND EITHER (2) THEY ARE 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, OR BY TELEGRAPH IF AUTHORIZED, AND IT IS DETERMINED BY THE GOVERNMENT THAT THE LATE RECEIPT WAS DUE SOLELY TO DELAY IN THE MAILS, OR DELAY BY THE TELEGRAPH COMPANY, FOR WHICH THE BIDDER WAS NOT RESPONSIBLE; OR (3) IF SUBMITTED BY MAIL (OR BY TELEGRAM IF AUTHORIZED), IT IS DETERMINED BY THE GOVERNMENT THAT THE LATE RECEIPT WAS DUE SOLELY TO MISHANDLING BY THE GOVERNMENT AFTER RECEIPT AT THE GOVERNMENT INSTALLATION: PROVIDED, THAT TIMELY RECEIPT AT SUCH INSTALLATION IS ESTABLISHED UPON EXAMINATION OF AN APPROPRIATE DATE OR TIME STAMP (IF ANY) OF SUCH INSTALLATION, OR OF OTHER DOCUMENTARY EVIDENCE OF RECEIPT (IF READILY AVAILABLE) WITHIN THE CONTROL OF SUCH INSTALLATION OR OF THE POST OFFICE SERVING IT. HOWEVER, A MODIFICATION WHICH MAKES THE TERMS OF THE OTHERWISE SUCCESSFUL BID MORE FAVORABLE TO THE GOVERNMENT WILL BE CONSIDERED AT ANY TIME IT IS RECEIVED AND MAY THEREAFTER BE ACCEPTED.

(B) BIDDERS USING CERTIFIED MAIL ARE CAUTIONED TO OBTAIN A RECEIPT FOR CERTIFIED MAIL SHOWING A LEGIBLE, DATED POSTMARK AND TO RETAIN SUCH RECEIPT AGAINST THE CHANCE THAT IT WILL BE REQUIRED AS EVIDENCE THAT A LATE BID WAS TIMELY MAILED.

(C) THE TIME OF MAILING OF LATE BIDS SUBMITTED BY REGISTERED OR CERTIFIED MAIL SHALL BE DEEMED TO BE THE LAST MINUTE OF THE DATE SHOWN IN THE POSTMARK ON THE REGISTERED MAIL RECEIPT OR REGISTERED MAIL WRAPPER OR ON THE RECEIPT FOR CERTIFIED MAIL UNLESS THE BIDDER FURNISHES EVIDENCE FROM THE POST OFFICE STATION OR MAILING WHICH ESTABLISHES AN EARLIER TIME. THE CASE OF CERTIFIED MAIL, THE ONLY ACCEPTABLE EVIDENCE IS AS FOLLOWS:

(1) WHERE THE RECEIPT FOR CERTIFIED MAIL IDENTIFIES THE POST OFFICE STATION OF MAILING, EVIDENCE FURNISHED BY THE BIDDER WHICH ESTABLISHES THAT THE BUSINESS DAY OF THAT STATION ENDED AT AN EARLIER TIME, IN WHICH CASE THE TIME OF MAILING SHALL BE DEEMED TO BE THE LAST MINUTE OF THE BUSINESS DAY OF THAT STATION; OR

(2) 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. IF THE POSTMARK ON THE ORIGINAL RECEIPT FOR CERTIFIED MAIL DOES NOT SHOW A DATE, THE BID SHALL NOT BE CONSIDERED.

BIDS ON THIS TOTAL SMALL BUSINESS SET-ASIDE WERE SCHEDULED TO BE OPENED AND WERE IN FACT OPENED AT 10:30 A.M; E.S.T; ON MARCH 18, 1966. THE BID OPENING OFFICER WAS IN POSSESSION OF TWO BIDS AT THE APPOINTED TIME, THE LOWEST OF WHICH WAS SUBMITTED BY THE CHEMICAL COMPOUNDING CORPORATION. IS REPORTED THAT A THIRD BID, THAT OF YOUR FIRM, WAS RECEIVED BY THE BID OPENING OFFICER WITHIN 15 MINUTES AFTER THE SCHEDULED BID OPENING TIME; THAT THE BID OPENING OFFICER FORWARDED YOUR BID UNOPENED TO THE PROCUREMENT AGENT AND THAT THE LATTER DETERMINED THAT YOUR BID WAS TIMELY SUBMITTED AND THAT IT SHOULD BE ENTERED ON THE ABSTRACT OF BIDS. SINCE YOUR FIRM'S BID WAS THE LOWEST BID RECEIVED ON THE DISINFECTANT, THE CONTRACTING OFFICER REQUESTED FROM THE DEFENSE CONTRACT ADMINISTRATIVE SERVICES REGION (DCASR), NEW YORK, THAT IT CONDUCT A PREAWARD SURVEY OF YOUR PLANT AND FACILITIES. ON APRIL 18, 1966, DCASR FORWARDED THE PREAWARD SURVEY PERFORMED BY THAT ACTIVITY. THE SURVEY RECOMMENDED THAT NO AWARD BE MADE TO YOUR FIRM BECAUSE OF YOUR INADEQUATE FINANCIAL RESOURCES AND INABILITY TO FURNISH ACCEPTABLE EVIDENCE OF YOUR ABILITY TO OBTAIN THE REQUIRED FINANCING.

BY LETTER DATED APRIL 25, 1966, THE SMALL BUSINESS ADMINISTRATION (SBA) ADVISED THE CONTRACTING OFFICER THAT YOUR FIRM HAD FILED FOR A CERTIFICATE OF COMPETENCY. IN A LETTER DATED MAY 11, 1966, THE SBA INFORMED THE CONTRACTING OFFICER THAT IT WAS DENYING YOUR FIRM A CERTIFICATE OF COMPETENCY FOR THE PROCUREMENT.

BY LETTER DATED MAY 12, 1966, ADDRESSED TO THE CONTRACTING OFFICER, YOU PROTESTED ANY AWARD OTHER THAN TO YOUR FIRM. BY TELEGRAM DATED MAY 13, 1966, YOU REFERRED SUCH PROTEST TO OUR OFFICE. IN YOUR PROTEST YOU STATED THAT YOU HAD ARRANGED TO PLACE $25,000 IN A SEGREGATED ACCOUNT FOR THE EXCLUSIVE USE ON ANY CONTRACT ARISING OUT OF THIS PROCUREMENT. YOU ALSO CONTENDED THAT BY THIS ACTION YOUR FIRM HAD OVERCOME ANY FINANCIAL DEFICIENCIES FOR WHICH YOU HAD PREVIOUSLY BEEN CONSIDERED NONRESPONSIBLE BY THE DCASR, NEW YORK.

IN HIS REPORT OF JUNE 17, 1966, THE CONTRACTING OFFICER STATES THAT THE QUESTION OF YOUR FIRM'S FINANCIAL RESPONSIBILITY IS NOT FOR CONSIDERATION SINCE IT NOW APPEARS THAT YOUR BID WAS A LATE BID OF THE CATEGORY WHICH MAY NOT BE CONSIDERED FOR AWARD FOR THE REASONS STATED BELOW.

THE CONTRACTING OFFICER STATES THAT IN REVIEWING THE FILE HE NOTED THAT IT CONTAINED A TELEGRAM DATED APRIL 5, 1966, FROM THE CHEMICAL COMPOUNDING CORPORATION, PROTESTING AGAINST THE MAKING OF ANY AWARD OTHER THAN TO THAT FIRM BECAUSE IT WAS THE APPARENT LOW BIDDER ON THE BASIS OF THE ABSTRACT OF BIDS PREPARED AT THE TIME OF THE BID OPENING. AN INVESTIGATION DISCLOSED THAT YOUR FIRM'S BID WAS RECEIVED IN THE BID OPENING ROOM APPROXIMATELY 15 MINUTES AFTER THE TIME SPECIFIED FOR OPENING OF BIDS. SINCE YOUR BID WAS SENT BY CERTIFIED MAIL, THE CONTRACTING OFFICER REQUESTED YOUR FIRM TO FORWARD THE MAIL RECEIPT COVERING YOUR BID FOR THE PURPOSE OF DETERMINING WHETHER YOUR BID HAD BEEN TIMELY MAILED. THE CERTIFIED MAIL RECEIPT FURNISHED BY YOUR FIRM BEARS A BUSH TERMINAL STATION, BROOKLYN, NEW YORK, POSTMARK, BUT NO TIME. IN ACCORDANCE WITH ASPR 303.3/B),"CERTIFIED MAIL", IN THE ABSENCE OF A SHOWING OF THE HOUR OF MAILING, THE MAILING TIME OF YOUR FIRM'S BID WAS CONSIDERED BY THE CONTRACTING OFFICER TO BE 5 P.M; THE TIME AT WHICH THE BUSINESS HOURS OF THE BUSH TERMINAL STATION, BROOKLYN, NEW YORK, TERMINATED ON MARCH 17, 1966. INQUIRY OF POSTAL OFFICIALS AT THE RICHMOND POST OFFICE, WHICH SERVES THE DGSC, DISCLOSED THAT UNDER NORMAL CIRCUMSTANCES A FIRST-CLASS CERTIFIED LETTER MAILED AT 5 P.M; MARCH 17, 1966, FROM BROOKLYN, NEW YORK, WOULD HAVE ARRIVED AT THE RICHMOND POST OFFICE AT 11:45 A.M; THE NEXT DAY OR AFTER THE TIME SET FOR THE BID OPENING. ACCORDINGLY, ON THE BASIS THAT THE BID COULD NOT HAVE BEEN DELIVERED IN TIME FOR THE BID OPENING, THE CONTRACTING OFFICER HAS RECOMMENDED THAT YOUR LATE BID NOT BE CONSIDERED FOR AWARD AND THAT AN AWARD BE MADE TO THE CHEMICAL COMPOUNDING CORPORATION.

YOU STATE THAT ON MARCH 17, 1966, AT ABOUT NOONTIME, ONE OF YOUR EMPLOYEES MAILED YOUR FIRM'S BID BY CERTIFIED MAIL FROM THE BUSH TERMINAL POST OFFICE; THAT UPON LEARNING THAT THE ENVELOPE CONTAINING YOUR BID WAS RECEIVED BY THE DGSC MAILROOM AT 10.29 A.M. ON MARCH 18, 1966, YOU REQUESTED CERTAIN INFORMATION FROM THE BUSH TERMINAL POST OFFICE AS TO THE TIME THAT A LETTER WOULD HAVE TO BE MAILED FROM THAT STATION IN ORDER FOR IT TO BE RECEIVED BY THE DGSC MAILROOM AT 10.29 A.M. ON MARCH 18, 1966. YOU STATE THAT THE BUSH TERMINAL POST OFFICE ADVISED YOU BY LETTER DATED JUNE 22, 1966, THAT IN ORDER FOR YOUR BID TO HAVE BEEN RECEIVED BY THE DGSC MAILROOM AT 10.29 A.M. ON MARCH 18, 1966, IT WOULD HAVE TO HAVE BEEN MAILED PRIOR TO 2.37 P.M; MARCH 17, 1966, AND ARRIVED AT RICHMOND, VIRGINIA, AT 4:45 A.M; MARCH 18, 1966. THEREFORE, YOU CONTEND THAT THE GOVERNMENT DID DELAY DELIVERY OF YOUR BID EITHER IN THE MAILS OR BY MISHANDLING AT THE GOVERNMENT INSTALLATION.

THE CONSIDERATION OF LATE MAILED BIDS ON THE PROCUREMENT IN QUESTION IS GOVERNED NOT ONLY BY THE TERMS OF THE INVITATION FOR BIDS BUT BY THE PROVISIONS OF THE ARMED SERVICES PROCUREMENT REGULATION (ASPR) ISSUED IN IMPLEMENTATION OF THE APPLICABLE PROCUREMENT STATUTE AND HAVING THE FULL FORCE AND EFFECT OF LAW. ASPR 2-303.1 PROVIDES THAT A BID RECEIVED IN THE OFFICE DESIGNATED IN THE INVITATION FOR BIDS AFTER THE EXACT TIME SET FOR BID OPENING IS A LATE BID EVEN THOUGH IT MAY BE RECEIVED ONLY 1 OR 2 MINUTES LATE. ASPR 2-303.2 READS, IN PART, AS FOLLOWS:

2-303.2 CONSIDERATION FOR AWARD. A LATE BID SHALL BE CONSIDERED FOR AWARD ONLY IF:

(I) IT IS RECEIVED BEFORE AWARD; AND EITHER

(II) 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, OR BY TELEGRAPH IF AUTHORIZED, AND IT IS DETERMINED THAT THE LATENESS WAS DUE SOLELY TO A DELAY IN THE MAILS (BASED ON EVIDENCE PURSUANT TO 2-303.3), OR TO A DELAY BY THE TELEGRAPH COMPANY FOR WHICH THE BIDDER WAS NOT RESPONSIBLE; OR

(III) IF SUBMITTED BY MAIL (OR BY TELEGRAM WHERE AUTHORIZED), IT WAS RECEIVED AT THE GOVERNMENT INSTALLATION IN SUFFICIENT TIME TO BE RECEIVED AT THE OFFICE DESIGNATED IN THE INVITATION BY THE TIME SET FOR OPENING AND, EXCEPT FOR DELAY DUE TO MISHANDLING ON THE PART OF THE GOVERNMENT AT THE INSTALLATION, WOULD HAVE BEEN RECEIVED ON TIME AT THE OFFICE DESIGNATED. THE ONLY EVIDENCE ACCEPTABLE TO ESTABLISH TIMELY RECEIPT AT THE GOVERNMENT INSTALLATION IS THAT WHICH CAN BE ESTABLISHED UPON EXAMINATION OF AN APPROPRIATE DATE OR TIME STAMP (IF ANY) OF SUCH INSTALLATION, OR OF OTHER DOCUMENTARY EVIDENCE OF RECEIPT AT SUCH INSTALLATION (IF READILY AVAILABLE) WITHIN THE CONTROL OF SUCH INSTALLATION OR OF THE POST OFFICE SERVING IT.

ASPR 2-303.3 INCLUDES THE FOLLOWING PROVISIONS RELATING TO LATE BIDS TRANSMITTED BY CERTIFIED MAIL:

(B) CERTIFIED MAIL. THE TIME OF MAILING OF A LATE BID MAILED BY CERTIFIED MAIL FOR WHICH A POSTMARKED RECEIPT FOR CERTIFIED MAIL WAS OBTAINED SHALL BE DEEMED TO BE THE LAST MINUTE OF THE DATE SHOWN IN THE POSTMARK ON SUCH RECEIPT, EXCEPT WHERE (I) THE RECEIPT FOR CERTIFIED MAIL IDENTIFIES THE POST OFFICE STATION OF MAILING AND THE BIDDER FURNISHES EVIDENCE FROM SUCH STATION THAT THE BUSINESS DAY OF THAT STATION ENDED AT AN EARLIER TIME, IN WHICH CASE THE TIME OF MAILING SHALL BE DEEMED TO BE THE LAST MINUTE OF THE BUSINESS DAY OF THAT STATION; OR (II) 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, IS APPROPRIATELY VERIFIED IN WRITING BY THE POST OFFICE STATION OF MAILING, IN WHICH CASE THE TIME OF MAILING SHALL BE THE TIME SHOWN IN THE ENTRY. IF THE POSTMARK DOES NOT SHOW A DATE, THE BID SHALL BE DEEMED TO HAVE BEEN MAILED TOO LATE.

(C) DELIVERY TIME. 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. WHEN TIME PERMITS, SUCH INFORMATION SHALL BE OBTAINED IN WRITING.

UNDER THE PROVISIONS OF ASPR 2-303.3/B), QUOTED ABOVE, IN THE ABSENCE OF 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, YOUR BID MUST BE CONSIDERED AS HAVING BEEN MAILED AT THE LAST MINUTE OF THE BUSINESS DAY OF THE BUSH TERMINAL POST OFFICE WHICH IS REPORTED TO BE 5 P.M. SINCE THE RICHMOND POST OFFICE STATES THAT A BID MAILED AT 5 P.M; MARCH 17, 1966, FROM THE BUSH TERMINAL POST OFFICE, BROOKLYN, NEW YORK, WOULD NOT ARRIVE AT THE MAIN RICHMOND POST OFFICE UNTIL 11:45 A.M; MARCH 18, 1966, OR AFTER THE 10:30 A.M. BID OPENING TIME, WE MUST CONCLUDE THAT YOUR BID DOES NOT QUALIFY FOR CONSIDERATION AS A LATE BID THAT WAS TIMELY MAILED. WHILE THE LETTER DATED JUNE 22, 1966, RECEIVED BY YOUR FIRM FROM THE BUSH TERMINAL POST OFFICE, WOULD TEND TO ESTABLISH THAT YOUR BID WAS TIMELY MAILED, IN VIEW OF THE FACT THAT ARTICLE 6/C) OF THE BIDDING INSTRUCTIONS PROVIDES, IN EFFECT, THAT IN THE CASE OF CERTIFIED MAIL THE ONLY ACCEPTABLE EVIDENCE AS TO THE TIME OF MAILING IS THAT CONTAINED IN ASPR 2-303.3/B) AND SINCE THAT SECTION DOES NOT PROVIDE FOR THE CONSIDERATION OF THAT TYPE OF EVIDENCE, WE MUST CONCLUDE THAT SUCH LETTER MAY NOT BE ACCEPTED AS EVIDENCE OF THE TIMELY MAILING OF YOUR BID. THE TIME FOR OPENING OF BIDS WAS UNEQUIVOCALLY SET FORTH ON THE FIRST PAGE OF THE INVITATION FOR BIDS. EACH BIDDER IS RESPONSIBLE FOR THE SEASONABLE ARRIVAL OF HIS OWN BID AT THE DESIGNATED OFFICE BEFORE THE SCHEDULED OPENING TIME. YOUR BID SHOULD NOT HAVE BEEN OPENED BUT SHOULD HAVE BEEN DISREGARDED AS A LATE BID. THE INADVERTENT OPENING OF A LATE BID WILL NOT ALONE JUSTIFY DISREGARD FOR THE INJUNCTION OF ASPR 2-404.1 AGAINST WITHHOLDING AWARD FROM THE LOWEST RESPONSIBLE AND RESPONSIVE BIDDER WITHOUT COMPELLING REASON TO REJECT ALL BIDS AND CANCEL THE INVITATION. B-155568 DATED JANUARY 4, 1965.

IT IS UNFORTUNATE THAT THE DEFENSE GENERAL SUPPLY CENTER OPENED YOUR BID AND THAT AS A RESULT YOU WERE PUT TO TROUBLE AND EXPENSE IN SECURING ADEQUATE FINANCING. WE HAVE BEEN ADVISED THAT APPROPRIATE ACTION HAS BEEN TAKEN BY DGSC TO PREVENT THE RECURRENCE OF A SIMILAR SITUATION. HOWEVER, FOR THE REASONS STATED, WE HAVE NO ALTERNATIVE BUT TO CONCLUDE THAT YOUR BID MAY NOT BE CONSIDERED FOR AWARD.