B-161306, APR. 19, 1967

B-161306: Apr 19, 1967

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TO THE SECRETARY OF THE NAVY: REFERENCE IS MADE TO LETTER ORD-OOL-2:DOS/SN OF APRIL 7. THE OPENING TIME FOR BIDS WAS 10 A.M. FOR CONSIDERATION UNDER THE SUBJECT INVITATION WAS NOT RECEIVED AT THE BID ROOM UNTIL 3:55 P.M. A STAMP ON THE BACK OF THE ENVELOPE INDICATES THAT PREVIOUSLY IT WAS RECEIVED IN THE WASHINGTON. THE BID ENVELOPE IS ADDRESSED TO THE COMMANDER. IT IS MARKED AIRMAIL SPECIAL DELIVERY AND BEARS A CERTIFIED MAIL STICKER. THERE ARE TWO METERED POSTMARKS ON THE ENVELOPE. ONE IS DATED MARCH 11. IN THE PLACE WHERE A POSTMARK ORDINARILY IS STAMPED. THERE IS A HANDWRITTEN NOTATION . THE LATTER NOTATION STATES THAT THE ENVELOPE WAS RETURNED TO THE SENDER FOR ADDITIONAL POSTAGE ON MARCH 12.

B-161306, APR. 19, 1967

TO THE SECRETARY OF THE NAVY:

REFERENCE IS MADE TO LETTER ORD-OOL-2:DOS/SN OF APRIL 7, 1967, FROM THE ASSISTANT COUNSEL, NAVAL ORDNANCE SYSTEMS COMMAND, AND TO SUBSEQUENTLY FURNISHED MEMORANDA, REGARDING THE LATE BID RECEIVED UNDER INVITATION FOR BIDS NOOO17-67-B-0062 FROM BARRY L. MILLER ENGINEERING, INC.

THE OPENING TIME FOR BIDS WAS 10 A.M., MARCH 14, 1967. AN ENVELOPE PURPORTING TO CONTAIN A BID FROM BARRY L. MILLER ENGINEERING, INC., FOR CONSIDERATION UNDER THE SUBJECT INVITATION WAS NOT RECEIVED AT THE BID ROOM UNTIL 3:55 P.M. ON THE BID OPENING DAY. A STAMP ON THE BACK OF THE ENVELOPE INDICATES THAT PREVIOUSLY IT WAS RECEIVED IN THE WASHINGTON, D.C., POST OFFICE AT 10 A.M. ON THAT DAY.

THE BID ENVELOPE IS ADDRESSED TO THE COMMANDER, NAVAL ORDNANCE SYSTEMS COMMAND, CONTRACTS GROUP, ROOM NUMBER 1052, MUNITIONS BUILDING, WASHINGTON, D.C. 20360. IT IS MARKED AIRMAIL SPECIAL DELIVERY AND BEARS A CERTIFIED MAIL STICKER. THERE ARE TWO METERED POSTMARKS ON THE ENVELOPE. ONE IS DATED MARCH 11, 1967, GARDENA, CALIFORNIA, AND THE OTHER MARCH 12, 1967, HAWTHORNE, CALIFORNIA.

THE SENDER HAS FURNISHED A CERTIFIED MAIL RECEIPT. THE RECEIPT DOES NOT CONTAIN ANY STAMPED POSTMARKS. IN THE PLACE WHERE A POSTMARK ORDINARILY IS STAMPED, THERE IS A HANDWRITTEN NOTATION ,3-11-67 J.S.' THE CERTIFIED MAIL RECEIPT CONTAINS AN ADDITIONAL HANDWRITTEN NOTATION SIGNED BY ROUTE CARRIER 75, J. RISICO. THE LATTER NOTATION STATES THAT THE ENVELOPE WAS RETURNED TO THE SENDER FOR ADDITIONAL POSTAGE ON MARCH 12, 1967, AND THAT HE, THE MAILMAN, DELIVERED THE ENVELOPE TO THE HAWTHORNE, CALIFORNIA, POST OFFICE ON THE SAME DAY AT 12:30 P.M. THE POSTMASTER, HAWTHORNE, HAS ADVISED THAT, IF REQUESTED, THE RECEIPT FOR CERTIFIED MAIL WILL BE POSTMARKED MARCH 13, 1967, AS POST OFFICE REGULATIONS PROVIDE.

THE POSTMASTER, WASHINGTON, D.C., HAS ADVISED THE NAVAL ORDNANCE SYSTEMS COMMAND BY LETTER THAT THE ENVELOPE SHOULD HAVE BEEN RECEIVED AT THE WASHINGTON, D.C., POST OFFICE AT 5:05 A.M. ON MARCH 14, 1967, AND THAT, WITH NORMAL HANDLING AND EXISTING SCHEDULES, IT SHOULD HAVE LEFT THAT POST OFFICE AT 7:50 A.M. ON A DELIVERY DUE TO LEAVE THE MAIN NAVY MAILROOM AT 8:10 A.M.

INFORMATION FURNISHED BY THE MAIN NAVY MAILROOM INDICATES THAT THE MAIL IS SORTED IN THE MAIN NAVY MAILROOM FOR DISTRIBUTION TO THE VARIOUS COMMANDS ON REGULARLY SCHEDULED DELIVERIES, INCLUDING A 7:20 A.M., 9:05 A.M. AND 10 A.M. DELIVERY TO THE NAVAL ORDNANCE SYSTEMS COMMAND MAILROOM. ADDITIONAL INFORMATION FURNISHED STATES THAT THE ORDER OF PROCESSING MAIL IN THE MAIN NAVY MAILROOM IS SUCH THAT CERTIFIED MAIL, WHETHER SPECIAL DELIVERY OR ORDINARY, WOULD BE DELIVERED TO THE NAVAL ORDNANCE SYSTEMS COMMAND MAILROOM AT 10 A.M. FROM THAT POINT, THE MAIL WOULD BE ROUTED TO THE BID ROOM.

AS TO THE ORDER OF PROCESSING IN THE MAIN NAVY MAILROOM, SPECIAL DELIVERY MAIL IS RECEIVED ALONG WITH THE REGULAR MAIL DELIVERY IN A SEPARATE POUCH. THIS USUALLY CONSISTS OF 15 TO 20 PIECES PER DELIVERY AND IS PROCESSED FIRST. SPECIAL DELIVERY MAIL RECEIVED ON THE 8:10 A.M. DELIVERY FROM THE POST OFFICE WILL USUALLY BE ON THE 9:05 A.M. DELIVERY TO THE NAVAL ORDNANCE SYSTEMS COMMAND MAILROOM.

WITH RESPECT TO SPECIAL DELIVERY CERTIFIED MAIL, THAT IS ALSO RECEIVED ON THE REGULAR DELIVERY WITH OTHER CERTIFIED AND REGISTERED MAIL IN A SEPARATE POUCH. THE VOLUME OF CERTIFIED, SPECIAL DELIVERY CERTIFIED, AND REGISTERED MAIL IS GENERALLY ABOUT 75 PIECES PER DELIVERY AND THE PROCESSING IS SUCH THAT EACH PIECE MUST BE VERIFIED AS TO NUMBER ACCORDING TO A LIST SUPPLIED BY THE POST OFFICE WITH THE DELIVERY. AFTER THAT HANDLING, THE MAIL IS THEN SEPARATED FOR DELIVERY TO THE VARIOUS COMMANDS. THIS PROCESS IS REPORTED TO TAKE SO MUCH LONGER THAN PROCESSING SPECIAL DELIVERY MAIL THAT SPECIAL DELIVERY CERTIFIED, CERTIFIED, OR REGISTERED MAIL RECEIVED FROM THE POST OFFICE AT 8:10 A.M. WILL USUALLY BE ON THE 10 A.M. DELIVERY TO THE NAVAL ORDNANCE SYSTEMS COMMAND MAILROOM.

INFORMATION HAS BEEN FURNISHED THAT THE POST OFFICE HAS ADVISED THAT THE PROCEDURE IS SUCH THAT SPECIAL DELIVERY MAIL WILL BE DELIVERED TO MAIN NAVY THE SAME TIME AND PLACE AS ORDINARY MAIL UNLESS THERE IS A REQUEST FROM THE NAVY THAT SPECIAL DELIVERY WILL BE HANDLED IN A DIFFERENT MANNER AND THE NAVY SETS FORTH THE TIMES AND PLACE AT WHICH SUCH MAIL IS TO BE DELIVERED. IT IS REPORTED THAT, SO FAR AS THE FUTURE IS CONCERNED, THE CONTRACTING OFFICE WILL REQUEST THAT SPECIAL PROCEDURES BE ESTABLISHED FOR THE DELIVERY OF SUCH MAIL TO THE NAVAL ORDNANCE SYSTEMS COMMAND.

THE ARMED SERVICES PROCUREMENT REGULATION (ASPR) 2-302.2 PROVIDES THAT 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.'

SINCE THE BARRY L. MILLER ENGINEERING, INC., BID WAS DELIVERED LATE BY THE POST OFFICE TO THE MAIN NAVY MAILROOM, SECTION (III) ABOVE IS NOT APPLICABLE. THE QUESTION PRESENTED THEREFORE IS WHETHER THE LATENESS CAN BE SAID TO BE DUE SOLELY TO A DELAY IN THE MAILS AS CONTEMPLATED BY SECTION (II). IT APPEARS THAT UNDER EXISTING PROCEDURES THE BID WOULD HAVE ARRIVED LATE AT THE BID ROOM EVEN WITHOUT THE DELAY WHICH EXISTED IN THE MAILS. IN THIS CONNECTION, IT IS NOT ENOUGH THAT THE BID SHOULD HAVE BEEN RECEIVED FROM THE POST OFFICE AT THE CENTRAL MAILROOM BEFORE THE BID OPENING TIME. THE SENDER HAS TO ALLOW SUFFICIENT TIME FOR IT TO REACH THE BID ROOM BY THE BID OPENING TIME. B-157770, DECEMBER 13, 1965. FURTHER, IT WAS OBSERVED IN B-149288, JULY 31, 1962, THAT ALL MAIL TO MILITARY INSTALLATIONS WHICH IS MARKED SPECIAL DELIVERY AND FOR WHICH A FEE FOR SPECIAL DELIVERY IS PAID IS NOT IN FACT DELIVERED SPECIALLY. ADDITIONALLY, IT WAS STATED IN THAT DECISION:

"IT CONSISTENTLY HAS BEEN HELD THAT IT IS THE BIDDER'S ABSOLUTE RESPONSIBILITY TO SEE THAT HIS BID IS RECEIVED AT THE PLACE OF THE OPENING ON OR BEFORE THE TIME SPECIFIED IN THE INVITATION. THE ONLY EXCEPTION PERMITTED IS IN SITUATIONS WHERE BIDS SENT BY MAIL ARE RECEIVED PRIOR TO AWARD AND IT IS DETERMINED BY THE GOVERNMENT THAT THE FAILURE TO ARRIVE ON TIME WAS DUE SOLELY TO DELAY IN THE MAILS FOR WHICH THE BIDDER WAS NOT RESPONSIBLE. THE FACT THAT THERE MAY NOT BE AS GOOD MAIL SERVICE TO A PARTICULAR PLACE AS SOME MIGHT DESIRE WILL NOT RELIEVE THE BIDDER OF THE RESPONSIBILITY OF MAILING HIS BID IN TIME TO BE RECEIVED PRIOR TO THE OPENING. B-144419, JANUARY 12, 1961.'

ACCORDINGLY, IN THE CIRCUMSTANCES, THE MILLER BID IS A LATE BID WHICH IS NOT PROPERLY FOR CONSIDERATION.

THE ENCLOSURES ACCOMPANYING THE APRIL 7 LETTER AND THE ADDITIONAL MATERIAL FURNISHED THEREAFTER ARE RETURNED.