B-242680, Jan 23, 1991, 90-2 CPD 65

B-242680: Jan 23, 1991

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PROCUREMENT - Sealed Bidding - Bids - Late submission - Rejection - Propriety DIGEST: Proposal for a Federal Supply Schedule contract that was delivered by a commercial carrier to the place designated for receipt of proposals after the time set forth in the solicitation for receipt of offers was properly rejected where the lateness was caused by the offeror's failure to properly address the proposal package to ensure timely delivery by the carrier. Remstar's offer was rejected because it was received after the time set for receipt of offers. Which stated that any proposal received at the office designated in the solicitation after the exact time specified for receipt of proposals generally will not be considered.

B-242680, Jan 23, 1991, 90-2 CPD 65

PROCUREMENT - Sealed Bidding - Bids - Late submission - Rejection - Propriety DIGEST: Proposal for a Federal Supply Schedule contract that was delivered by a commercial carrier to the place designated for receipt of proposals after the time set forth in the solicitation for receipt of offers was properly rejected where the lateness was caused by the offeror's failure to properly address the proposal package to ensure timely delivery by the carrier. Barbara T. Schneider for the protester.

Remstar International Inc.:

Remstar International Inc. protests the rejection of its offer by the General Services Administration (GSA) under solicitation No. FCGE 90-0049- N for a Federal Supply Schedule (FSS) contract for Federal Supply Classification Group 74, Part IV, Visible Record Equipment. Remstar's offer was rejected because it was received after the time set for receipt of offers.

We dismiss the protest.

The solicitation required proposals to be received by 10:30 a.m., on December 20, 1990, in the designated GSA bid room. The solicitation also included Federal Acquisition Regulation (FAR) clause 52.215-10, which stated that any proposal received at the office designated in the solicitation after the exact time specified for receipt of proposals generally will not be considered.

Remstar sent its proposal by Federal Express on December 19, 1990, to be delivered by the closing date. However, the Remstar label on the Federal Express package had the wrong zip code, although the GSA street address was correct. Consequently, Federal Express did not deliver the proposal package until December 21. On January 8, 1991, GSA rejected Remstar's proposal as late.

As a general rule, bidders or offerors are responsible for delivering their bids or proposals to the proper place at the proper time. Weather Data Servs., Inc., B-238970, June 22, 1990, 90-1 CPD Para. 582. This same rule applies to late proposals on solicitations for FSS contracts, where the late proposal clause is included the solicitation. See Clyde Digital Sys., Inc., B-222618, July 18, 1986, 86-2 CPD Para. 83. A late proposal, hand-carried by a commercial carrier, can be considered for award only if government mishandling after timely receipt at the agency was the sole or paramount cause for late receipt in the place designated for receipt of proposals. Weather Data Servs., Inc., B-238970, supra. If the late receipt results from the failure of a offeror to reasonably fulfill its responsibility for insuring timely delivery to the designated location, the late bid may not considered. Id.

In the present case, Remstar admits that the paramount cause for the late delivery of its proposal was that it misaddressed the Federal Express package, such that the commercial carrier did not timely deliver the package to GSA. Under the circumstances, Remstar's proposal was properly rejected.

The protest is dismissed.