B-215649.2, SEP 10, 1984, 84-2 CPD 275
Highlights
BIDS - LATE - MISHANDLING DETERMINATION - IMPROPER GOVERNMENT ACTION NOT PRIMARY CAUSE OF LATE RECEIPT - HAND CARRIED DELAY DIGEST: BID DELIVERED LATE BY A COMMERCIAL CARRIER PROPERLY WAS REJECTED WHERE THERE IS NO SUGGESTION THAT WRONGFUL GOVERNMENT ACTION WAS THE PARAMOUNT CAUSE FOR THE LATE RECEIPT. THE PROTESTER ARGUES THAT THE BID SHOULD BE CONSIDERED BECAUSE IT WAS DELIVERED LATE THROUGH THE NEGLIGENCE OF A COMMERCIAL CARRIER. BIDDERS ARE RESPONSIBLE FOR THE TIMELY DELIVERY OF THEIR BIDS. AN EXCEPTION TO THIS RULE IS PERMITTED ONLY UNDER THE CIRCUMSTANCES PROVIDED BY THE SOLICITATION AND PERTINENT PROCUREMENT REGULATIONS. A BID SENT BY A COMMERCIAL CARRIER IS CONSIDERED TO BE A HAND CARRIED BID.
B-215649.2, SEP 10, 1984, 84-2 CPD 275
BIDS - LATE - MISHANDLING DETERMINATION - IMPROPER GOVERNMENT ACTION NOT PRIMARY CAUSE OF LATE RECEIPT - HAND CARRIED DELAY DIGEST: BID DELIVERED LATE BY A COMMERCIAL CARRIER PROPERLY WAS REJECTED WHERE THERE IS NO SUGGESTION THAT WRONGFUL GOVERNMENT ACTION WAS THE PARAMOUNT CAUSE FOR THE LATE RECEIPT.
MILITARY BASE MANAGEMENT, INC.:
MILITARY BASE MANAGEMENT, INC. (MBM) PROTESTS THE AIR FORCE'S REJECTION OF ITS LATE BID UNDER INVITATION FOR BIDS NO. F08602-84-B 0061. THE PROTESTER ARGUES THAT THE BID SHOULD BE CONSIDERED BECAUSE IT WAS DELIVERED LATE THROUGH THE NEGLIGENCE OF A COMMERCIAL CARRIER.
WE SUMMARILY DENY THE PROTEST.
BIDDERS ARE RESPONSIBLE FOR THE TIMELY DELIVERY OF THEIR BIDS, AND THE LATE DELIVERY OF A BID GENERALLY REQUIRES ITS REJECTION. SEE KEY AIRLINES, B-214122, FEB. 27, 1984, 84-1 CPD PARA. 242. AN EXCEPTION TO THIS RULE IS PERMITTED ONLY UNDER THE CIRCUMSTANCES PROVIDED BY THE SOLICITATION AND PERTINENT PROCUREMENT REGULATIONS, PHOTONICS TECHNOLOGY, INC., B-211234, APRIL 11, 1983, 83-1 CPD PARA. 378, WHICH CONCERN ONLY LATE MAILED OR TELEGRAPHIC BIDS. SEE FEDERAL ACQUISITION REGULATION, SEC. 14.304-1(A), 48 FED.REG. 42,102, 42,177 (1983) (TO BE CODIFIED AT 48 C.F.R. SEC. 14.304-1(A)).
A BID SENT BY A COMMERCIAL CARRIER IS CONSIDERED TO BE A HAND CARRIED BID, MOORE'S CAFETERIA SERVICES, INC., B-205943, JAN. 12, 1982, 82-1 CPD PARA. 29, FOR WHICH THERE IS NO EXPRESS EXCEPTION. WE NEVERTHELESS HAVE PERMITTED THE CONSIDERATION OF A LATE HAND-CARRIED BID WHERE IT WAS SHOWN THAT SOME WRONGFUL ACTION BY THE GOVERNMENT WAS THE PARAMOUNT CAUSE FOR THE LATE DELIVERY, AND THAT CONSIDERATION OF THE LATE BID WOULD NOT COMPROMISE THE INTEGRITY OF THE COMPETITIVE PROCUREMENT SYSTEM. SEE SCOT, INCORPORATED, 57 COMP.GEN. 119 (1977), 77-2 CPD PARA. 425. MBM DOES NOT ALLEGE SUCH CIRCUMSTANCES EXIST HERE.
THE PROTEST THEREFORE IS SUMMARILY DENIED. SEE MOORE'S CAFETERIA SERVICES, INC., SUPRA.