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B-210601, MAR 1, 1983

B-210601 Mar 01, 1983
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DIGEST: BID SENT BY FEDERAL EXPRESS WHICH WAS RECEIVED AT THE OFFICE DESIGNATED IN THE IFB AFTER THE TIME SPECIFIED IN THE IFB MUST BE REJECTED. WE HAVE DECIDED THE PROTEST WITHOUT OBTAINING A FORMAL AGENCY REPORT. SINCE IT IS CLEAR THAT THE PROTESTER HAS NO CHANCE OF SUCCESS ON THE MERITS AND THE REPORT WOULD SERVE NO USEFUL PURPOSE. IF THE BID IS DELIVERED BY OTHER THAN MAIL. THE BIDDER ASSUMES FULL RESPONSIBILITY OF INSURING THAT THE BID IS RECEIVED AT THE PLACE AND BY THE DATE AND TIME SPECIFIED IN THE IFB. THE BID WAS DELIVERED FROM THE LOADING DOCK TO ROOM 1J005 BY DOE. WE HAVE HELD REPEATEDLY THAT AN OFFER DELIVERED TO A CONTRACTING AGENCY LOADING DOCK BY FEDERAL EXPRESS OR OTHER COMMERCIAL CARRIER MUST BE REJECTED IF IT ARRIVES LATE AT THE OFFICE DESIGNATED IN THE SOLICITATION.

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B-210601, MAR 1, 1983

DIGEST: BID SENT BY FEDERAL EXPRESS WHICH WAS RECEIVED AT THE OFFICE DESIGNATED IN THE IFB AFTER THE TIME SPECIFIED IN THE IFB MUST BE REJECTED.

FUTURE TECH:

FUTURE TECH PROTESTS AGAINST THE REJECTION OF ITS BID AS LATE UNDER INVITATION FOR BIDS (IFB) DE-FB01-83MA32207 ISSUED BY THE DEPARTMENT OF ENERGY (DOE).

WE HAVE DECIDED THE PROTEST WITHOUT OBTAINING A FORMAL AGENCY REPORT, SINCE IT IS CLEAR THAT THE PROTESTER HAS NO CHANCE OF SUCCESS ON THE MERITS AND THE REPORT WOULD SERVE NO USEFUL PURPOSE. DOT SYSTEMS, INC., B-208420, SEPTEMBER 21, 1982, 82-2 CPD 253.

THE IFB REQUIRED BIDS TO BE DELIVERED TO ROOM 1J005 BY 10:30 A.M., ON JANUARY 20, 1983. THE IFB STATED THAT, IF THE BID IS DELIVERED BY OTHER THAN MAIL, THE BIDDER ASSUMES FULL RESPONSIBILITY OF INSURING THAT THE BID IS RECEIVED AT THE PLACE AND BY THE DATE AND TIME SPECIFIED IN THE IFB.

FUTURE TECH USED FEDERAL EXPRESS TO DELIVER THE BID. INSTEAD OF DELIVERING THE BID TO ROOM 1J005, FEDERAL EXPRESS DELIVERED THE BID TO THE DOE LOADING DOCK AT 10:27 A.M., ON JANUARY 20. THE BID WAS DELIVERED FROM THE LOADING DOCK TO ROOM 1J005 BY DOE. THE BID ARRIVED AT ROOM 1J005 AFTER THE 10:30 A.M. DEADLINE.

WE HAVE HELD REPEATEDLY THAT AN OFFER DELIVERED TO A CONTRACTING AGENCY LOADING DOCK BY FEDERAL EXPRESS OR OTHER COMMERCIAL CARRIER MUST BE REJECTED IF IT ARRIVES LATE AT THE OFFICE DESIGNATED IN THE SOLICITATION. GENERAL ATOMIC COMPANY, B-202165, MAY 27, 1981, 81-1 CPD 415; P.O.B., INC., B-200538, OCTOBER 14, 1980, 80-2 CPD 277; SOUTHERN OREGON AGGREGATE, INC., B-190159, DECEMBER 16, 1977, 77-2 CPD 477; DAYMAR, INC., B-188701, AUGUST 8, 1977, 77-2 CPD 88; GREER HYDRAULICS, INC., B-182826, APRIL 22, 1975, 75-1 CPD 249; FEDERAL CONTRACTING CORP., TAYLOR AIR SYSTEMS, INC., 54 COMP.GEN. 304 (1974), 74-2 CPD 229.

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