B-168670, FEB. 24, 1970

B-168670: Feb 24, 1970

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TO VAPOR CORPORATION: FURTHER REFERENCE IS MADE TO YOUR TELEGRAM OF DECEMBER 19 AND LETTER DATED DECEMBER 30. WERE PUBLICLY OPENED AND READ. THAT YOUR BID IN THE AMOUNT OF $55.35 EACH WAS THE LOWEST OF THOSE READ AT THE BID OPENING. A BID WAS RECEIVED FROM INDUSTRIAL DESIGN LABORATORIES. THE BID WAS OPENED AND IT WAS FOUND THAT THIS BIDDER QUOTED A UNIT PRICE OF $45.90. YOU CONTEND THAT THIS LATE BID SHOULD NOT HAVE BEEN CONSIDERED FOR AWARD. WE CONCLUDE THAT THE BID OF INDUSTRIAL DESIGN LABORATORIES WAS PROPERLY REGARDED AS AN ACCEPTABLE LATE BID UNDER THE CRITERIA PRESCRIBED BY PARAGRAPH 2-303 OF THE ARMED SERVICES PROCUREMENT REGULATION (ASPR). THE ENVELOPE IN WHICH THE LATE BID WAS RECEIVED SHOWED THAT IT WAS SENT BY CERTIFIED MAIL.

B-168670, FEB. 24, 1970

TO VAPOR CORPORATION:

FURTHER REFERENCE IS MADE TO YOUR TELEGRAM OF DECEMBER 19 AND LETTER DATED DECEMBER 30, 1969, PROTESTING AGAINST THE ACTION OF THE DEPARTMENT OF THE ARMY IN CONSIDERING A LATE BID SUBMITTED BY THE INDUSTRIAL DESIGN LABORATORIES, INC; CULVER CITY, CALIFORNIA, IN RESPONSE TO SOLICITATION NO. DAAA15-70-B-0193, ISSUED BY THE EDGEWOOD ARSENAL, MARYLAND.

THE RECORD DISCLOSES THAT THE SOLICITATION REQUESTED BIDS--TO BE OPENED AT 3 P.M. ON NOVEMBER 3, 1969--FOR FURNISHING 1,787 FILTER UNITS, M3, FOR ELECTRIC AIR HEATERS; THAT AT THE DESIGNATED TIME ON NOVEMBER 3, 1969, THREE BIDS, INCLUDING ONE FROM YOUR FIRM, WERE PUBLICLY OPENED AND READ; AND THAT YOUR BID IN THE AMOUNT OF $55.35 EACH WAS THE LOWEST OF THOSE READ AT THE BID OPENING. HOWEVER, SUBSEQUENT TO BID OPENING, AT 9:50 A.M; NOVEMBER 5, 1969, A BID WAS RECEIVED FROM INDUSTRIAL DESIGN LABORATORIES. AFTER INVESTIGATION, THE BID WAS OPENED AND IT WAS FOUND THAT THIS BIDDER QUOTED A UNIT PRICE OF $45.90, THEREBY DISPLACING YOUR FIRM AS LOW BIDDER.

YOU CONTEND THAT THIS LATE BID SHOULD NOT HAVE BEEN CONSIDERED FOR AWARD. UPON REVIEW, WE CONCLUDE THAT THE BID OF INDUSTRIAL DESIGN LABORATORIES WAS PROPERLY REGARDED AS AN ACCEPTABLE LATE BID UNDER THE CRITERIA PRESCRIBED BY PARAGRAPH 2-303 OF THE ARMED SERVICES PROCUREMENT REGULATION (ASPR).

THE ENVELOPE IN WHICH THE LATE BID WAS RECEIVED SHOWED THAT IT WAS SENT BY CERTIFIED MAIL, AIRMAIL, AND WAS POSTMARKED AT THE WORLD WAY POSTAL CENTER, LOS ANGELES, CALIFORNIA, ON OCTOBER 31, 1969. THE RECEIPT FOR CERTIFIED MAIL INDICATED THAT IT WAS MAILED AT 9:15 A.M. ON OCTOBER 31. BUT SINCE NO VERIFICATION OF THE NOTATION OF THE TIME OF MAILING WAS OBTAINED AS REQUIRED BY ASPR 2-303.3 (C), THE BID WAS REGARDED AS HAVING BEEN MAILED AT MIDNIGHT ON OCTOBER 31. POSTMARKS ON THE ENVELOPE SHOW THAT IT WAS RECEIVED AT THE WASHINGTON, D.C; REGISTRY SECTION ON NOVEMBER 1 AND WAS THEREAFTER RECEIVED AT 4:30 P.M. ON NOVEMBER 3 AT THE EDGEWOOD ARSENAL POST OFFICE. THE POST MISTRESS AT THE LATTER POST OFFICE ADVISED IN WRITING THAT THE BID ENVELOPE SHOULD HAVE BEEN RECEIVED, IN THE NORMAL COURSE OF THE MAILS, BEFORE 3 P.M; NOVEMBER 3, AT THE ADDRESS DESIGNATED THEREON. PURSUANT TO ASPR 2-303.3 (A) (I), IT WAS DETERMINED THAT THE DELAY IN THE RECEIPT OF THE BID OF INDUSTRIAL DESIGN LABORATORIES WAS DUE SOLELY TO A DELAY IN THE MAILS FOR WHICH THE BIDDER WAS NOT RESPONSIBLE.

SECTION 8 OF THE SOLICITATION INSTRUCTIONS AND CONDITIONS, WHICH IS IN CONSONANCE WITH ASPR 2-303.3, AUTHORIZES THE CONSIDERATION OF SUCH A LATE BID ON THE BASIS OF THE EVIDENCE AS SET FORTH ABOVE.

IN VIEW OF THESE CONSIDERATIONS, YOUR PROTEST AGAINST THE AWARD MADE TO INDUSTRIAL DESIGN LABORATORIES, INC; IS DENIED.