B-181286, OCT 25, 1974, 54 COMP GEN 304

B-181286: Oct 25, 1974

Additional Materials:

Contact:

Edda Emmanuelli Perez
(202) 512-2853
EmmanuelliPerezE@gao.gov

 

Office of Public Affairs
(202) 512-4800
youngc1@gao.gov

MAY NOT BE CONSIDERED FOR AWARD SINCE LATE BID WAS SENT VIA COMMERCIAL CARRIER RATHER THAN VIA THE MAILS. AWARD UNDER THE INVITATION HAD NOT YET BEEN MADE WHEN BASE PROCUREMENT RECEIVED WHAT NOW IS THE APPARENT LOW BID OF TAYLOR AIR SYSTEMS. THE CONTRACTING OFFICER DETERMINED THE LATE RECEIPT OF THE BID TO HAVE BEEN CAUSED BY GOVERNMENT MISHANDLING AFTER ITS RECEIPT AT THE BASE. THE BID WAS ACCEPTED FOR CONSIDERATION FOR AWARD UNDER PARAGRAPH 2- 201(B)(XLVIII) OF THE ARMED SERVICES PROCUREMENT REGULATION. THE CONTRACTING OFFICER'S DETERMINATION WAS BASED ON THE FACT THAT HAD THE BID BEEN SENT THROUGH THE MAILS. SINCE IT WAS ADDRESSED WITH THE MAILING ADDRESS SET FORTH IN THE INVITATION IT WOULD HAVE ARRIVED SIMILARLY AT THE BASE ADMINISTRATIVE DIVISION.

B-181286, OCT 25, 1974, 54 COMP GEN 304

BIDS - LATE - TRANSMISSION BY OTHER THAN MAIL LATE BID, EVEN THOUGH LATE DUE TO MISHANDLING BY PERSONNEL OF GOVERNMENT INSTALLATION, MAY NOT BE CONSIDERED FOR AWARD SINCE LATE BID WAS SENT VIA COMMERCIAL CARRIER RATHER THAN VIA THE MAILS.

IN THE MATTER OF FEDERAL CONTRACTING CORPORATION; TAYLOR AIR SYSTEMS, INC., OCTOBER 25, 1974:

INVITATION FOR BIDS NO. F04699-74-B-0079 ESTABLISHED A BID OPENING DATE OF APRIL 11, 1974. IT FURTHER ADVISED BIDDERS THAT THEY SHOULD EITHER MAIL THEIR BIDS ADDRESSED TO SMAMA/PPKS. BASE PROCUREMENT, MCCLELLAN AIR FORCE BASE, CALIFORNIA, OR HAND CARRY THEM TO ROOM 245 OF BASE BUILDING 200.

AWARD UNDER THE INVITATION HAD NOT YET BEEN MADE WHEN BASE PROCUREMENT RECEIVED WHAT NOW IS THE APPARENT LOW BID OF TAYLOR AIR SYSTEMS, INC. (TAYLOR), ON APRIL 12. THAT BID HAD BEEN DELIVERED TO THE CENTRAL RECEIVING OFFICE OF THE BASE ON APRIL 4, 1974, BY REA AIR EXPRESS ON BEHALF OF TAYLOR. IN VIEW OF THE FACT THAT THE TAYLOR BID HAD BEEN IN THE HANDS OF BASE PERSONNEL FOR 1 WEEK PRIOR TO BID OPENING, THE CONTRACTING OFFICER DETERMINED THE LATE RECEIPT OF THE BID TO HAVE BEEN CAUSED BY GOVERNMENT MISHANDLING AFTER ITS RECEIPT AT THE BASE. CONSEQUENTLY, THE BID WAS ACCEPTED FOR CONSIDERATION FOR AWARD UNDER PARAGRAPH 2- 201(B)(XLVIII) OF THE ARMED SERVICES PROCUREMENT REGULATION. THE CONTRACTING OFFICER'S DETERMINATION WAS BASED ON THE FACT THAT HAD THE BID BEEN SENT THROUGH THE MAILS, AND SINCE IT WAS ADDRESSED WITH THE MAILING ADDRESS SET FORTH IN THE INVITATION IT WOULD HAVE ARRIVED SIMILARLY AT THE BASE ADMINISTRATIVE DIVISION, WHERE IT WOULD THEN HAVE BEEN PLACED IN THE BASE DISTRIBUTION SYSTEM FOR DELIVERY TO BASE PROCUREMENT. HAD THE TAYLOR BID BEEN PROPERLY PLACED IN THE NORMAL DISTRIBUTION SYSTEM AFTER ITS ARRIVAL IN THE CENTRAL RECEIVING OFFICE IT WOULD HAVE BEEN TIMELY DELIVERED TO BASE PROCUREMENT.

THE FEDERAL CONTRACTING CORP. SUBMITS THAT WHERE A BID IS NOT CORRECTLY DELIVERED BY A BIDDER OR ITS AGENT, EVEN THOUGH THE INCORRECT DELIVERY WAS MADE TO BASE PERSONNEL, AND, CONSEQUENTLY, IS NOT RECEIVED IN A TIMELY MANNER BY THE PROPER PROCUREMENT PERSONNEL, IT MAY NOT BE CONSIDERED FOR AWARD.

THE GENERAL RULE FOLLOWED BY OUR OFFICE IS THAT THE BIDDER HAS THE RESPONSIBILITY FOR THE DELIVERY OF ITS BID TO THE PROPER PLACE AT THE PROPER TIME. EXCEPTIONS TO THE RULE REQUIRING REJECTION OF LATE BIDS MAY BE PERMITTED ONLY IN THE EXACT CIRCUMSTANCES PROVIDED FOR IN THE INVITATION. WHILE APPLICATION OF THE RULE HERE MAY BE HARSH, PARAGRAPH 12 OF THE INVITATION (INSTRUCTIONS TO BIDDERS) ALLOWS CONSIDERATION OF A LATE BID ONLY WHEN THE BID WAS SENT BY MAIL. THAT PARAGRAPH READS IN PART:

(A) ANY BID RECEIVED AT THE OFFICE DESIGNATED IN THE SOLICITATION AFTER THE EXACT TIME SPECIFIED FOR RECEIPT WILL NOT BE CONSIDERED UNLESS IT IS RECEIVED BEFORE AWARD IS MADE AND EITHER:

(I) IT WAS SENT BY REGISTERED OR CERTIFIED MAIL NOT LATER THAN THE FIFTH CALENDAR DAY PRIOR TO THE DATE SPECIFIED FOR THE RECEIPT OF BIDS (E.G., A BID SUBMITTED IN RESPONSE TO A SOLICITATION REQUIRING RECEIPT OF BIDS BY THE 20TH OF THE MONTH MUST HAVE BEEN MAILED BY THE 15TH OR EARLIER); OR,

(II) IT WAS SENT BY MAIL (OR TELEGRAM IF AUTHORIZED) 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.

INASMUCH AS THE TAYLOR BID WAS SENT BY COMMERCIAL CARRIER RATHER THAN BY MAIL, CONSIDERATION OF THE TAYLOR LATE BID FOR AWARD WOULD NOT BE PROPER. B-138148, DECEMBER 24, 1958; B-144842, MARCH 10, 1961; MATTER OF ROCKET RESEARCH CORPORATION, B-179405, JANUARY 24, 1974.