B-169781, MAY 27, 1970

B-169781: May 27, 1970

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WAS PROPERLY REJECTED SINCE NO REASON IS KNOWN WHY LATER AMENDMENT SHOULD NOT CONTROL AND PAR. 8 OF SOLICITATION INSTRUCTIONS. PROVIDED THAT BID RECEIVED AFTER EXACT TIME SET FOR OPENING IS LATE BID AND SHALL NOT BE CONSIDERED UNLESS RECEIVED BEFORE AWARD IS MADE. TO MARDEN MANUFACTURING COMPANY: REFERENCE IS MADE TO YOUR LETTERS OF MAY 8. WAS ISSUED ON APRIL 2. OPENING WAS EXTENDED TO APRIL 23. AMENDMENT NO. 2 WAS ISSUED ON APRIL 9. YOUR BID WAS NOT RECEIVED UNTIL APRIL 22. AFTER AWARD WAS MADE. WAS RETURNED UNOPENED BY THE PROCURING ACTIVITY ON THAT DATE. THE ONLY EXPLANATION OFFERED FOR THE LATE ARRIVAL OF YOUR BID IS THAT IT "ARRIVED APRIL 22. ALTHOUGH YOUR BID WOULD HAVE BEEN TIMELY UNDER THE OPENING DATE AS EXTENDED BY AMENDMENT NO. 1.

B-169781, MAY 27, 1970

BIDS--LATE--INVITATION MAILING REQUIREMENTS AMENDED UNDER FOREST SERVICE INVITATION FOR CHOPPER, WHERE AMENDMENT 1 EXTENDED OPENING DATE TO APR. 23, BUT AMENDMENT 2 CHANGED DATE TO APR. 21, BID RECEIVED ON APR. 22, AFTER AWARD, WAS PROPERLY REJECTED SINCE NO REASON IS KNOWN WHY LATER AMENDMENT SHOULD NOT CONTROL AND PAR. 8 OF SOLICITATION INSTRUCTIONS, WHICH ACCORDS WITH FEDERAL PROCUREMENT REGULATIONS SEC. 1- 2.303 ET SEQ; PROVIDED THAT BID RECEIVED AFTER EXACT TIME SET FOR OPENING IS LATE BID AND SHALL NOT BE CONSIDERED UNLESS RECEIVED BEFORE AWARD IS MADE. SEE 42 COMP. GEN. 255 (1962).

TO MARDEN MANUFACTURING COMPANY:

REFERENCE IS MADE TO YOUR LETTERS OF MAY 8, 1970, WITH ENCLOSURES, PROTESTING AGAINST REJECTION OF YOUR BID UNDER INVITATION FOR BIDS NO. R1- 10-70-7, ISSUED BY THE FOREST SERVICE, FLATHEAD NATIONAL FOREST, KALISPELL, MONTANA, AS A LATE BID.

THE INVITATION FOR BIDS, SOLICITING BIDS ON A ROLLING CHOPPER (BRUSH CUTTER), WAS ISSUED ON APRIL 2, 1970, WITH AN OPENING DATE OF APRIL 17, 1970. BY AMENDMENT NO. 1 DATED APRIL 6, 1970, OPENING WAS EXTENDED TO APRIL 23, 1970. HOWEVER, AMENDMENT NO. 2 WAS ISSUED ON APRIL 9, 1970, ADVANCING THE OPENING DATE TO APRIL 21, 1970, AND MODIFYING CERTAIN SPECIFICATIONS.

YOUR BID WAS NOT RECEIVED UNTIL APRIL 22, 1970, AFTER AWARD WAS MADE, AND WAS RETURNED UNOPENED BY THE PROCURING ACTIVITY ON THAT DATE. THE ONLY EXPLANATION OFFERED FOR THE LATE ARRIVAL OF YOUR BID IS THAT IT "ARRIVED APRIL 22, 1970, AT 8:30 A.M. IN RESPONSE TO AMENDMENT NO. 1."

ALTHOUGH YOUR BID WOULD HAVE BEEN TIMELY UNDER THE OPENING DATE AS EXTENDED BY AMENDMENT NO. 1, THIS WAS MODIFIED BY AMENDMENT NO. 2, WHICH ESTABLISHED AN EARLIER OPENING DATE. WE KNOW OF NO REASON WHY THE LATER AMENDMENT IS NOT CONTROLLING. YOUR BID WAS NOT RECEIVED UNTIL AFTER THE DATE ESTABLISHED BY THE LATER AMENDMENT, AND AFTER AWARD HAD BEEN MADE. PARAGRAPH 8 OF THE SOLICITATION INSTRUCTIONS PROVIDES THAT A BID RECEIVED AFTER THE EXACT TIME SET FOR OPENING IS A LATE BID AND SHALL NOT BE CONSIDERED UNLESS RECEIVED BEFORE AWARD IS MADE, AND MEETS OTHER REQUIREMENTS NOT APPLICABLE HERE. PARAGRAPH 8 IS AN IMPLEMENTATION OF AND IN ACCORD WITH SECTION 1-2.303, ET SEQ. OF THE FEDERAL PROCUREMENT REGULATIONS. THESE PROVISIONS CONSTITUTE MANDATORY DIRECTIONS TO THE PROCUREMENT AGENCY AND MAY NOT BE WAIVED. 42 COMP. GEN. 255, 257 (1962).