B-160807, MAR. 17, 1967

B-160807: Mar 17, 1967

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INCORPORATED: FURTHER REFERENCE IS MADE TO YOUR TELEGRAM OF FEBRUARY 1. WHICH WAS SENT BY CERTIFIED. WAS NOT RECEIVED UNTIL 8:00 A.M. WAS RETURNED BY THE AGENCY UNOPENED. IN SUPPORT OF YOUR CONTENTION THAT THE LATE ARRIVAL OF THE BID WAS DUE TO A DELAY IN THE MAILS. WHICH INDICATED THAT THE BID WAS DELIVERED TO THE YONKERS. ACCOMPANYING THIS DOCUMENT WAS THE LETTER OF JANUARY 17. CONFIRMING THE ARRIVAL OF THE BID AT THE ALLEGED TIME AND HIS SUPPORTING STATEMENT THAT UNDER NORMAL CONDITIONS THE BID SHOULD HAVE BEEN DELIVERED BEFORE THE 2:00 P.M. BASED ON THE TIME THAT THE BID WAS RECEIVED AT THE YONKERS. THE PROCURING AGENCY COULD NOT HAVE RECEIVED THE BID ON TIME. MAIL FROM THIS FLIGHT IS DUE MAIL OFFICE AT 9:35 AM AND SHOULD BE PROCESSED BY 10:15 AM.

B-160807, MAR. 17, 1967

TO MARGOLD ELECTRIC COMPANY, INCORPORATED:

FURTHER REFERENCE IS MADE TO YOUR TELEGRAM OF FEBRUARY 1, 1967, AND FOLLOWING LETTER OF FEBRUARY 2, 1967, PROTESTING THE DENIAL OF YOUR BID BY THE NATIONAL PARK SERVICE, MAMMOTH CAVE, KENTUCKY, UNDER INVITATION FOR BIDS NO. D AND C 35-E-67 (135-7).

IN ACCORDANCE WITH THE REQUIREMENTS AS SPECIFIED IN THE INVITATION ALL BIDS HAD TO BE IN THE POSSESSION OF THE NATIONAL PARK SERVICE BY 2:00 P.M., C.S.T. ON JANUARY 12, 1967. YOUR BID, WHICH WAS SENT BY CERTIFIED, AIR MAIL, SPECIAL DELIVERY, WAS NOT RECEIVED UNTIL 8:00 A.M., C.S.T. ON JANUARY 13, 1967, AND WAS RETURNED BY THE AGENCY UNOPENED.

IN SUPPORT OF YOUR CONTENTION THAT THE LATE ARRIVAL OF THE BID WAS DUE TO A DELAY IN THE MAILS, YOU SUBMITTED THE RECEIPT FOR CERTIFIED MAIL, WHICH INDICATED THAT THE BID WAS DELIVERED TO THE YONKERS, NEW YORK, POST OFFICE AT 3:45 P.M. ON JANUARY 11, 1967. ACCOMPANYING THIS DOCUMENT WAS THE LETTER OF JANUARY 17, 1967, BY THE POSTMASTER IN YONKERS, NEW YORK, CONFIRMING THE ARRIVAL OF THE BID AT THE ALLEGED TIME AND HIS SUPPORTING STATEMENT THAT UNDER NORMAL CONDITIONS THE BID SHOULD HAVE BEEN DELIVERED BEFORE THE 2:00 P.M. DEADLINE.

THE NATIONAL PARK SERVICE CONTACTED THE POSTMASTER IN LOUISVILLE, KENTUCKY, WHO, BY LETTERS OF JANUARY 13, 1967, AND FEBRUARY 15, 1967, STATED CONCLUSIVELY THAT, BASED ON THE TIME THAT THE BID WAS RECEIVED AT THE YONKERS, NEW YORK, POST OFFICE, THE PROCURING AGENCY COULD NOT HAVE RECEIVED THE BID ON TIME. THE LATTER LETTER STATES AS FOLLOWS:

"AIRMAIL POUCH FROM CINCINNATI, OHIO WOULD ARRIVE STANDIFORD FIELD AT 8:29 AM ON THE MORNING OF JANUARY 12, 1967. MAIL FROM THIS FLIGHT IS DUE MAIL OFFICE AT 9:35 AM AND SHOULD BE PROCESSED BY 10:15 AM.

SAME WOULD BE DISPATCHED FROM LOUISVILLE AT 12:45 PM VIA CIN AND NASH TRAIN 99 TO PARK CITY, KENTUCKY. DISPATCH FROM PARK CITY, KENTUCKY IS VIA STAR ROUTE DEPARTING PARK CITY AT 2:30 PM AND WAS DUE TO ARRIVE MAMMOUTH CAVE AT 2:55 PM ON JANUARY 12, 1967.'

THE ONLY MANNER IN WHICH A LATE BID WILL BE CONSIDERED IS IF THE DELAY OCCURRED IN TRANSIT THROUGH THE MAILS. IN ORDER TO PROVIDE THE CONTRACTING AGENCY WITH A MEANS TO DETERMINE IF SUCH A DELAY DID IN FACT OCCUR, SECTION 1-2.303-3 (C) OF THE FEDERAL PROCUREMENT REGULATIONS (FPR) STATES THAT:

"/C) INFORMATION CONCERNING THE NORMAL TIME FOR MAIL DELIVERY SHALL BE OBTAINED BY THE PROCURING ACTIVITY FROM THE POSTMASTER, SUPERINTENDENT OF MAILS, OR A DULY AUTHORIZED REPRESENTATIVE FOR THAT PURPOSE, OF THE POST OFFICE SERVING THAT ACTIVITY.'

BY CONTACTING THE POSTMASTER IN LOUISVILLE, KENTUCKY (WHICH IS THE POST OFFICE DESIGNATED TO SERVE THE NATIONAL PARK SERVICE IN MAMMOTH CAVE, KENTUCKY), THE AGENCY SATISFIED THIS REGULATION; THEREFORE, THE DETERMINATION OF THIS POST OFFICE OFFICIAL MUST TAKE PRECEDENCE OVER THAT OF THE POSTMASTER IN YONKERS, NEW YORK. THE RESULT IS THAT NO DELAY IN THE MAILS DID OCCUR AND THE LATENESS OF THE BID WAS DUE SOLELY TO YOUR TARDY SUBMISSION.

ACCORDINGLY, OUR OFFICE MUST DENY YOUR PROTEST AND SUSTAIN THE AWARD OF THE CONTRACT.