B-173728, NOV 17, 1971

B-173728: Nov 17, 1971

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WOULD HAVE ARRIVED ON JUNE 9. THE BID WAS PROPERLY REJECTED AS A LATE BID. SAMUEL LEBOWITZ: REFERENCE IS MADE TO YOUR LETTER OF JULY 30. A BID WAS RECEIVED FROM CUBA MANUFACTURING IN THE MAILROOM OF THE GENERAL SERVICES ADMINISTRATION'S REGIONAL OFFICE IN WASHINGTON. WAS DELIVERED TO THE BID OPENING ROOM AT 8:29 A.M. THE BID WAS SENT CERTIFIED AIRMAIL FROM CUBA. SINCE THE BID WAS SENT BY CERTIFIED MAIL. WOULD HAVE ARRIVED ON JUNE 9. ON THE BASIS THAT THE BID COULD NOT HAVE BEEN DELIVERED IN TIME FOR THE BID OPENING. YOU HAVE STATED THAT THE EVIDENCE ON FILE FROM THE POST OFFICE AT CUBA. ESTABLISHED THAT THE BID WAS SENT CERTIFIED. WAS DISPATCHED FROM CUBA. THAT THE POUCH SHOULD HAVE ARRIVED AT THE ST.

B-173728, NOV 17, 1971

BID PROTEST - LATE BID - UNTIMELY MAILING DECISION DENYING PROTEST BY CUBA MANUFACTURING COMPANY AGAINST REJECTION OF ITS LATE BID UNDER AN IFB ISSUED BY THE FEDERAL SUPPLY SERVICE, GSA, WASHINGTON, D.C., FOR STEEL MILITARY WARDROBES AND CABINETS. THE RECORD INDICATES THAT UNDER NORMAL CIRCUMSTANCES A FIRST-CLASS CERTIFIED AIR-MAIL LETTER MAILED BY 5 P.M., JUNE 7, 1971, FROM CUBA, MISSOURI, WOULD HAVE ARRIVED ON JUNE 9, 1971, THE DAY AFTER THE BID OPENING. THEREFORE, THE BID WAS PROPERLY REJECTED AS A LATE BID.

TO MR. SAMUEL LEBOWITZ:

REFERENCE IS MADE TO YOUR LETTER OF JULY 30, 1971, PROTESTING THE REJECTION OF THE LATE BID OF THE CUBA MANUFACTURING COMPANY, CUBA, MISSOURI, UNDER INVITATION FOR BIDS NO. FPNFO-T3-19024-A-6-8-71, ISSUED BY THE FEDERAL SUPPLY SERVICE, GENERAL SERVICES ADMINISTRATION, WASHINGTON, D.C., FOR STEEL MILITARY WARDROBES AND CABINETS.

THE INVITATION ISSUED ON APRIL 28, 1971, PROVIDED THAT BIDS WOULD BE OPENED AT 1:30 P.M., JUNE 8, 1971. AT THE TIME OF THE BID OPENING ON JUNE 8, THE BID OF THE CUBA MANUFACTURING COMPANY HAD NOT BEEN RECEIVED. HOWEVER, A BID WAS RECEIVED FROM CUBA MANUFACTURING IN THE MAILROOM OF THE GENERAL SERVICES ADMINISTRATION'S REGIONAL OFFICE IN WASHINGTON, D.C., AT 7:30 A.M., ON JUNE 9, 1971, AND WAS DELIVERED TO THE BID OPENING ROOM AT 8:29 A.M. THE SAME DAY. THE BID WAS SENT CERTIFIED AIRMAIL FROM CUBA, MISSOURI, ON JUNE 7, 1971.

SINCE THE BID WAS SENT BY CERTIFIED MAIL, THE CONTRACTING OFFICER REQUESTED THE FIRM TO FORWARD THE CERTIFIED MAIL RECEIPT FOR THE PURPOSE OF DETERMINING WHETHER THE BID HAD BEEN TIMELY MAILED. THE CERTIFIED MAIL RECEIPT BEARS A CUBA, MISSOURI, POSTMARK OF JUNE 7, 1971, BUT NO TIME. HOWEVER, THE CONTRACTING OFFICER ASCERTAINED THAT THE POST OFFICE AT CUBA, MISSOURI, TERMINATED BUSINESS ON JUNE 7, 1971, AT 5 P.M. SECTION 1-2.303- 3(D) OF THE FEDERAL PROCUREMENT REGULATIONS (FPR) PROVIDES THAT THE NORMAL TIME FOR MAIL DELIVERY SHALL BE OBTAINED BY THE PROCURING ACTIVITY FROM THE POST OFFICE SERVING THE ACTIVITY. INQUIRY OF POSTAL OFFICIALS AT THE WASHINGTON, D.C. POST OFFICE, WHICH SERVES THE REGIONAL OFFICE OF THE FEDERAL SUPPLY SERVICE, DISCLOSED THAT UNDER NORMAL CIRCUMSTANCES A FIRST- CLASS CERTIFIED AIRMAIL LETTER MAILED BY 5 P.M., JUNE 7, 1971, FROM CUBA, MISSOURI, WOULD HAVE ARRIVED ON JUNE 9, 1971, THE DAY AFTER THE BID OPENING. ACCORDINGLY, ON THE BASIS THAT THE BID COULD NOT HAVE BEEN DELIVERED IN TIME FOR THE BID OPENING, THE CONTRACTING OFFICER DETERMINED THAT THE BID COULD NOT BE CONSIDERED FOR AWARD. BY LETTER DATED SEPTEMBER 28, 1971, THE GENERAL SERVICES ADMINISTRATION ADVISED OUR OFFICE THAT AWARD WOULD BE MADE UNDER THE INVITATION FOR BIDS WITHOUT FURTHER DELAY BECAUSE OF URGENCY.

YOU HAVE STATED THAT THE EVIDENCE ON FILE FROM THE POST OFFICE AT CUBA, MISSOURI, ESTABLISHED THAT THE BID WAS SENT CERTIFIED, AIRMAIL, AND WAS DISPATCHED FROM CUBA, MISSOURI, AT 5 P.M., ON JUNE 7, 1971, POUCH LABELED AMF (AIR MAIL FIELD), ST. LOUIS, MISSOURI 361, VIA ST. LOUIS AND ROLLA SR 63020, AND THAT THE POUCH SHOULD HAVE ARRIVED AT THE ST. LOUIS AIR MAIL FIELD AT 8:20 P.M. ON JUNE 7, 1971. YOU HAVE STATED FURTHER THAT THE POST OFFICE INFORMED YOU THAT THE LAST FLIGHT FROM ST. LOUIS ON JUNE 7, 1971, WAS 10:05 P.M. YOU THEREFORE CONTEND THAT THERE IS NO REASON WHY THE BID COULD NOT HAVE ARRIVED IN SUFFICIENT TIME TO BE RECEIVED AND OPENED BY 1:30 P.M. ON JUNE 8, 1971, THE TIME SPECIFIED FOR OPENING OF BIDS.

WE HAVE BEEN ADVISED INFORMALLY BY THE GENERAL SERVICES ADMINISTRATION THAT IN VIEW OF YOUR STATEMENT AS TO THE 10:05 P.M. FLIGHT ON JUNE 8, 1971, FROM ST. LOUIS, THE SCHEMES AND SCHEDULES SECTION OF THE MAIN POST OFFICE AT ST. LOUIS, MISSOURI, WAS ASKED BY TELEPHONE WHETHER A CERTIFIED AIRMAIL LETTER ARRIVING AT THE ST. LOUIS AIR MAIL FIELD AT 8:20 P.M., ON JUNE 7, 1971, WOULD ARRIVE IN TIME TO BE PLACED ON THE 10:05 P.M. FLIGHT FOR WASHINGTON, D.C., THAT NIGHT AND THAT THE POST OFFICE OFFICIAL AT ST. LOUIS REPLIED THAT THERE WOULD NOT BE SUFFICIENT TIME TO PROCESS THE MAIL FOR THAT FLIGHT. THIS CORROBORATES THE INFORMATION FROM THE WASHINGTON, D.C., POST OFFICE THAT THE BID WAS NOT MAILED IN SUFFICIENT TIME TO ARRIVE BY THE BID OPENING.

IN THE CIRCUMSTANCES, WE CONCLUDE THAT THE BID PROPERLY WAS REJECTED AS A LATE BID. ACCORDINGLY, THE PROTEST IS DENIED.