B-175626, JUN 1, 1972

B-175626: Jun 1, 1972

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THE CONTRACTING OFFICER WAS PRECLUDED FROM CONSIDERING GLOBAL'S LATE BID SINCE IT WAS NOT SENT BY REGISTERED OR CERTIFIED MAIL. INCORPORATED: THIS IS IN REPLY TO YOUR LETTER OF APRIL 1. WAS ISSUED ON JANUARY 12. WAS NOT RECEIVED IN THE GSA MAIL ROOM UNTIL AFTER 3:00 P.M. THE BID WAS DELIVERED TO THE BID ROOM WITHIN A FEW MINUTES. THE CONTRACTING OFFICER REFUSED TO CONSIDER IT BECAUSE IT WAS RECEIVED AFTER THE TIME SET FOR BID OPENING. WHICH WAS INCLUDED WITH THIS INVITATION AND FURNISHED TO BIDDERS. STATES IN PART AS FOLLOWS: "(A) BIDS AND MODIFICATIONS OR WITHDRAWALS THEREOF 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.

B-175626, JUN 1, 1972

BID PROTEST - LATE BID DECISION DENYING THE PROTEST OF GLOBAL EMPLOYMENT SERVICE, INC; AGAINST AWARD OF A CONTRACT TO ANOTHER BIDDER UNDER AN IFB ISSUED BY THE GENERAL SERVICES ADMINISTRATION. THE CONTRACTING OFFICER WAS PRECLUDED FROM CONSIDERING GLOBAL'S LATE BID SINCE IT WAS NOT SENT BY REGISTERED OR CERTIFIED MAIL.

TO GLOBAL EMPLOYMENT SERVICE, INCORPORATED:

THIS IS IN REPLY TO YOUR LETTER OF APRIL 1, 1972, PROTESTING THE NONAWARD OF A CONTRACT TO YOU UNDER INVITATION FOR BIDS NO. GS-03B 17718, ISSUED BY THE GENERAL SERVICES ADMINISTRATION (GSA), REGION 3, WASHINGTON, D.C.

THE IFB, FOR JANITORIAL CLEANING SERVICES, WAS ISSUED ON JANUARY 12, 1972, WITH A BID OPENING TIME OF 1:30 P.M; FEBRUARY 1, 1972. YOUR MAILED BID BEARS A METERED STAMP DATED JANUARY 29, 1972, BUT WAS NOT RECEIVED IN THE GSA MAIL ROOM UNTIL AFTER 3:00 P.M. ON FEBRUARY 1, 1972. THE BID WAS DELIVERED TO THE BID ROOM WITHIN A FEW MINUTES, BUT THE CONTRACTING OFFICER REFUSED TO CONSIDER IT BECAUSE IT WAS RECEIVED AFTER THE TIME SET FOR BID OPENING. YOU PROTEST THIS ACTION ON THE GROUND THAT YOU SHOULD NOT BE PENALIZED FOR THE INADEQUACIES OF THE UNITED STATES POSTAL SYSTEM.

PARAGRAPH 8 OF GSA FORM 1467-A, "BIDDING INSTRUCTIONS, TERMS, AND CONDITIONS (CONTRACT FOR BUILDING SERVICES), WHICH WAS INCLUDED WITH THIS INVITATION AND FURNISHED TO BIDDERS, STATES IN PART AS FOLLOWS:

"(A) BIDS AND MODIFICATIONS OR WITHDRAWALS THEREOF 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 *** FOR WHICH THE BIDDER WAS NOT RESPONSIBLE; OR (3) IS SUBMITTED BY MAIL, *** (AND) 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. ... "

THE RECORD REVEALS THAT YOUR BID WAS NOT SENT BY EITHER REGISTERED OR CERTIFIED MAIL, AND THAT IT DID NOT ARRIVE AT GSA REGION 3 BUILDING UNTIL AFTER BID OPENING. ACCORDINGLY, THE CONTRACTING OFFICER WAS PRECLUDED FROM CONSIDERING YOUR BID, SEE 46 COMP. GEN. 42 (1966), AND YOUR PROTEST MUST THEREFORE BE DENIED.