B-153190, FEB. 14, 1964

B-153190: Feb 14, 1964

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INC.: WE HAVE RECEIVED YOUR LETTER OF JANUARY 2. THE TIME FIXED FOR BID OPENING WAS 3:00 P.M. YOUR BID WAS NOT RECEIVED UNTIL DECEMBER 30. YOU CONTEND THAT THE PROCUREMENT OFFICIALS SHOULD NOT HAVE REFUSED TO ACCEPT YOUR BID. SINCE ITS LATE RECEIPT WAS DUE SOLELY TO A DELAY IN THE MAIL AND NOT TO ANY NEGLIGENCE ON THE PART OF YOUR FIRM. TENDS TO SUPPORT YOUR CONTENTION THAT THE LATE RECEIPT OF YOUR BID WAS DUE TO AN UNEXPLAINED DELAY IN THE MAIL. WE ARE ADVISED THAT YOUR BID. WERE NOT OPENED OR OTHERWISE CONSIDERED FOR AWARD BECAUSE THEY WERE NOT SENT BY EITHER REGISTERED OR CERTIFIED MAIL. 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-153190, FEB. 14, 1964

TO NATIONAL STORE FIXTURE COMPANY, INC.:

WE HAVE RECEIVED YOUR LETTER OF JANUARY 2, 1964, WITH ENCLOSURES, IN WHICH YOU PROTEST THE PROPOSED AWARD OF A CONTRACT WITHOUT CONSIDERATION OF A BID SUBMITTED BY YOUR FIRM UNDER INVITATION FOR BIDS NO. SSP-64-16, ISSUED BY THE DEPARTMENT OF HEALTH, EDUCATION, AND WELFARE, SOCIAL SECURITY ADMINISTRATION, BALTIMORE, MARYLAND.

THE TIME FIXED FOR BID OPENING WAS 3:00 P.M., ON DECEMBER 27, 1963. YOUR BID WAS NOT RECEIVED UNTIL DECEMBER 30. YOU CONTEND THAT THE PROCUREMENT OFFICIALS SHOULD NOT HAVE REFUSED TO ACCEPT YOUR BID, SINCE ITS LATE RECEIPT WAS DUE SOLELY TO A DELAY IN THE MAIL AND NOT TO ANY NEGLIGENCE ON THE PART OF YOUR FIRM.

THE CONTRACTING AGENCY'S REPORT TO THIS OFFICE, TOGETHER WITH A STATEMENT BY YOUR LOCAL POSTMASTER SUBMITTED WITH YOUR PROTEST, TENDS TO SUPPORT YOUR CONTENTION THAT THE LATE RECEIPT OF YOUR BID WAS DUE TO AN UNEXPLAINED DELAY IN THE MAIL. HOWEVER, WE ARE ADVISED THAT YOUR BID, TOGETHER WITH TWO OTHER BIDS RECEIVED ON DECEMBER 30, 1963, WERE NOT OPENED OR OTHERWISE CONSIDERED FOR AWARD BECAUSE THEY WERE NOT SENT BY EITHER REGISTERED OR CERTIFIED MAIL. IN THIS CONNECTION, THE FOLLOWING PARAGRAPH OF THE TERMS AND CONDITIONS OF THE INVITATION FOR BIDS WOULD APPEAR TO BE PERTINENT:

"LATE BIDS AND MODIFICATIONS OR WITHDRAWALS

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 OR BY TELEGRAPH IF AUTHORIZED AND IT IS DETERMINED BY THE GOVERNMENT THAT THE LATE RECEIPT WAS DUE SOLELY TO DELAY IN MAILS, OR DELAY BY THE TELEGRAPH COMPANY, FOR WHICH THE BIDDER WAS NOT RESPONSIBLE; * * *.'

SEE ALSO FEDERAL PROCUREMENT REGULATIONS 1-2.303-2.

THIS OFFICE HAS NOT AUTHORITY TO WAIVE THE ABOVE QUOTED REQUIREMENTS OF THE INVITATION AND THE FEDERAL PROCUREMENT REGULATIONS. B-150124, NOVEMBER 21, 1962, 42 COMP. GEN. 255. THEREFORE, WE MUST CONCLUDE THAT THE PROCURING ACTIVITY'S REFUSAL TO CONSIDER YOUR BID--- AS WELL AS THE TWO OTHERS RECEIVED AT THE SAME TIME--- WAS PROPER. ACCORDINGLY, YOUR PROTEST MUST BE DENIED.

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