B-162554, OCT. 20, 1967

B-162554: Oct 20, 1967

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A LATE BID WHICH WAS SENT BY REGISTERED MAIL BUT DID NOT ARRIVE IN TIME FOR BID OPENING BECAUSE OF ADDITIONAL HANDLING INCIDENT TO REGISTERED MAIL MAY BE CONSIDERED FOR AWARD SINCE POST OFFICE DEPT. HAS CONFIRMED THAT BID SHOULD HAVE BEEN DELIVERED BEFORE OPENING. TO COLONEL STODDARD: REFERENCE IS MADE TO YOUR LETTER AMSTA-ITBB OF SEPTEMBER 21. IT IS REPORTED THAT THE STEWART-WARNER BID WAS SENT BY REGISTERED MAIL FROM INDIANAPOLIS. THE BID WAS DELIVERED LATE AND. POST OFFICE ADVISED THAT A BID SENT BY REGULAR MAIL SHOULD HAVE BEEN DELIVERED THE MORNING OF THE BID OPENING DATE. THAT THE DELAY WAS CAUSED BECAUSE REGISTERED MAIL REQUIRES ADDITIONAL HANDLING. WILL BE DELIVERED SLOWER THAN UNREGISTERED MAIL.

B-162554, OCT. 20, 1967

BIDS - LATE DECISION TO CONTRACTING OFFICER OF U.S. ARMY TANK AUTOMOTIVE COMMAND CONCERNING PROPRIETY OF CONSIDERING A LATE BID OF STEWART-WARNER CORP. A LATE BID WHICH WAS SENT BY REGISTERED MAIL BUT DID NOT ARRIVE IN TIME FOR BID OPENING BECAUSE OF ADDITIONAL HANDLING INCIDENT TO REGISTERED MAIL MAY BE CONSIDERED FOR AWARD SINCE POST OFFICE DEPT. HAS CONFIRMED THAT BID SHOULD HAVE BEEN DELIVERED BEFORE OPENING. IN DETERMINATIONS OF MAIL DELAY, THE SCHEDULE OF THE CONVENTIONAL MODE OF MAILING SHOULD BE USED RATHER THAN THE SCHEDULE OF THE PARTICULAR MODE ACTUALLY USED. ALTHOUGH REGISTERED MAIL MAY ON OCCASION TAKE LONGER BECAUSE OF SPECIAL HANDLING, GENERALLY REGISTERED MAIL SHOULD BE DELIVERED IN ACCORDANCE WITH ORDINARY MAIL SCHEDULE.

TO COLONEL STODDARD:

REFERENCE IS MADE TO YOUR LETTER AMSTA-ITBB OF SEPTEMBER 21, 1967, WITH ENCLOSURES, REQUESTING A DECISION WITH RESPECT TO THE LATE BID SUBMITTED BY THE STEWART-WARNER CORPORATION UNDER INVITATION FOR BIDS DA-AE07-68-B- 0063.

IT IS REPORTED THAT THE STEWART-WARNER BID WAS SENT BY REGISTERED MAIL FROM INDIANAPOLIS, INDIANA, ON SEPTEMBER 5, 1967, AT 12:15 P.M. FOR A BID OPENING THE NEXT DAY AT 3 P.M. IN WARREN, MICHIGAN. HOWEVER, THE BID WAS DELIVERED LATE AND, UPON INQUIRY, THE WARREN, MICHIGAN, POST OFFICE ADVISED THAT A BID SENT BY REGULAR MAIL SHOULD HAVE BEEN DELIVERED THE MORNING OF THE BID OPENING DATE, BUT THAT THE DELAY WAS CAUSED BECAUSE REGISTERED MAIL REQUIRES ADDITIONAL HANDLING.

IN THE CIRCUMSTANCES, YOU INQUIRE WHETHER THE NORMAL DELIVERY SCHEDULE OF THE PARTICULAR MODE OF MAIL ACTUALLY USED SHOULD APPLY OR WHETHER THE SCHEDULE SHOULD BE THAT OF THE CONVENTIONAL MODE OF MAILING.

OUR OFFICE HAS CONSULTED WITH THE POST OFFICE DEPARTMENT WITH REFERENCE TO THE HANDLING OF REGISTERED MAIL. THE DEPARTMENT HAS ADVISED THAT, BECAUSE OF SPECIAL HANDLING PROCEDURES, REGISTERED MAIL, ON OCCASION, WILL BE DELIVERED SLOWER THAN UNREGISTERED MAIL, BUT THAT GENERALLY REGISTERED MAIL DISPATCHES ARE CLOSED TO MEET ALL DISPATCHES OF ORDINARY MAIL. VIEW THEREOF, WE BELIEVE THAT THE SCHEDULE OF THE CONVENTIONAL MODE OF MAILING SHOULD BE USED. MOREOVER, THE POST OFFICE DEPARTMENT HAS CONFIRMED THAT THE BID SHOULD HAVE BEEN DELIVERED THE MORNING OF THE BID OPENING DATE. IT HAS INDICATED THAT ALTHOUGH IT WAS DELAYED IN THE INDIANAPOLIS POST OFFICE, IT WAS DISPATCHED FROM THERE IN SUFFICIENT TIME TO HAVE ARRIVED ON TIME.

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