B-161333, JUN. 14, 1967

B-161333, JUN. 14, 1967

TO BENNER BOX DIVISION OF THE NEW HAVEN BOARD AND CARTON COMPANY, INC.:

FURTHER REFERENCE IS MADE TO YOUR TELEGRAM OF APRIL 21 AND LETTER OF APRIL 24, 1967, WITH ENCLOSURES, PROTESTING AGAINST THE REJECTION OF YOUR LATE BID AND AWARD OF CONTRACT TO ANOTHER BIDDER UNDER GENERAL SERVICES ADMINISTRATION (GSA) INVITATION FOR BIDS NO. FPNSP-6W-4729-A.

THE SUBJECT INVITATION, ISSUED ON MARCH 21, 1967, COVERED REQUIREMENTS FOR FSC CLASS 8115--- BOXES, FOLDING, PAPERBOARD, FOR THE PERIOD AUGUST 1, 1967, THROUGH JULY 31, 1968. THE INVITATION ADVISED BIDDERS TO ADDRESS THEIR BIDS TO GENERAL SERVICES ADMINISTRATION, FSS, BUSINESS SERVICE CENTER, 30 CHURCH STREET, 19TH FLOOR, NEW YORK, NEW YORK 10007, AND STATED "BIDS WILL BE OPENED" AT 10 A.M., E.S.T., ON APRIL 12, 1967.

YOUR BID ENVELOPE WAS RECEIVED AFTER THE TIME SPECIFIED IN THE INVITATION FOR THE OPENING OF BIDS. IN THIS RESPECT, THE RECORD SHOWS THAT YOUR BID WAS SENT BY AIRMAIL-SPECIAL DELIVERY, BUT IT WAS NEITHER REGISTERED NOR CERTIFIED. POSTMARKINGS ON THE REVERSE SIDE OF YOUR BID ENVELOPE SHOW THAT IT WAS RECEIVED IN THE CHURCH STREET STATION POST OFFICE IN NEW YORK, NEW YORK, AT 12:30 P.M. ON APRIL 12, 1967. THE TIME-DATE STAMP ON THE RIGHT-HAND SIDE OF THE FRONT OF THE ENVELOPE SHOWS THAT IT WAS RECEIVED IN THE MAILROOM OF THE GSA NEW YORK REGIONAL OFFICE AT APPROXIMATELY :20 P.M. ON APRIL 12, 1967. ALSO, THE TIME-DATE STAMP ON THE LEFT-HAND SIDE OF THE FRONT OF THE ENVELOPE SHOWS THAT IT WAS RECEIVED IN THE BID OPENING ROOM ABOUT 7 MINUTES LATER OR AT 1:27 P.M.--- ABOUT 3 HOURS BID OPENING.

PARAGRAPH 6 (A) OF THE BIDDING INSTRUCTIONS, TERMS, AND CONDITIONS (SUPPLY CONTRACT/--- STANDARD FORM 33-A--- OF THE INVITATION PROVIDED IN PERTINENT PART AS FOLLOWS:

"/A) BIDS * * * 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, * * * AND IT IS DETERMINED BY THE GOVERNMENT THAT THE LATE RECEIPT WAS DUE SOLELY TO DELAY IN THE MAILS, * * * OR (3) IF SUBMITTED BY MAIL * * * 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. * * *"

YOUR BID WAS NOT SENT BY REGISTERED OR CERTIFIED MAIL AS REQUIRED BY THE ABOVE PROVISIONS OF THE INVITATION AS A PREREQUISITE TO ITS CONSIDERATION IN THE EVENT OF LATE RECEIPT; NEITHER WAS IT MISHANDLED BY THE GOVERNMENT AFTER ITS RECEIPT. SEE, ALSO, SECTION 1-2.303 OF THE FEDERAL PROCUREMENT REGULATIONS (FPR). UNDER THE TERMS OF THE INVITATION AND THE APPLICABLE PROVISIONS OF THE FPR, THE FACT THAT THE BID MAY HAVE BEEN DELAYED IN THE MAILS NOTWITHSTANDING THAT IT MAY HAVE BEEN POSTED IN SUFFICIENT TIME TO REACH THE PROCUREMENT OFFICE BEFORE BID OPENING DOES NOT EXCUSE ITS LATE RECEIPT AND ITS INABILITY TO BE CONSIDERED FOR AWARD. SEE 42 COMP. GEN. 255.

WHILE APPLICATION OF THESE PROVISIONS RELATING TO THE HANDLING OF "LATE" BIDS MAY RESULT IN THE FAILURE OF THE GOVERNMENT TO RECEIVE THE BENEFIT OF LOWER PRICES, SUCH PROVISIONS PRESERVE AND MAINTAIN THE INTEGRITY OF THE FORMAL COMPETITIVE BIDDING PROCEDURES. SINCE YOU FAILED TO UTILIZE ONE OF THE MAILING SERVICES LISTED IN PARAGRAPH 6 (A) OF THE BIDDING INSTRUCTIONS AND SINCE THERE IS NO AUTHORITY TO WAIVE THESE REQUIREMENTS, WE MUST CONCLUDE THAT THE REJECTION OF YOUR LATE BID WAS PROPER. SEE B-160894, APRIL 6, 1967, AND APRIL 28, 1967.