B-151366, MAY 9, 1963

B-151366, MAY 9, 1963

TO CHIAPPINELLI-MARX, INC.:

BY LETTER DATED APRIL 26, 1963, WITH ENCLOSURES, YOU AND THE CLARENCE JOHNSON CONSTRUCTION CO., LTD., AS JOINT VENTURERS, PROTEST AGAINST THE AWARD OF A CONTRACT TO ANY OTHER BIDDER UNDER SPECIFICATION 44002/62 (NBY- 44002), ISSUED ON MARCH 11, 1963, BY THE DIRECTOR, SOUTHEAST DIVISION, BUREAU OF YARDS AND DOCKS, DEPARTMENT OF THE NAVY.

THE INVITATION REQUESTED BIDS FOR THE CONSTRUCTION OF COMMUNICATIONS FACILITIES AT ANTIGUA ISLAND, THE WEST INDIES. BIDDERS WERE ADVISED ON THE FACE SHEET OF STANDARD FORM 20, JANUARY 1961 EDITION, THAT BIDS WOULD BE RECEIVED UNTIL 2:30 P.M., EST, THURSDAY, APRIL 18, 1963, AT THE OFFICE OF THE DIRECTOR, SOUTHEAST DIVISION, BUREAU OF YARDS AND DOCKS, BUILDING NO. 13, U.S. NAVAL BASE, CHARLESTON, SOUTH CAROLINA.

YOU STATE THAT YOU WERE ADVISED BY THE ACTING POSTMASTER AT MOUNT KISCO THAT AIRMAIL SERVICE PROVIDED THE QUICKEST POSSIBLE SERVICE TO SOUTH CAROLINA; THAT SPECIAL DELIVERY ASSURED DELIVERY WITHIN A FEW HOURS AFTER ARRIVAL AT ITS DESTINATION; AND THAT A LETTER DISPATCHED FROM MOUNT KISCO VIA AIRMAIL SPECIAL DELIVERY AT 1 P.M. ON ANY WEEKDAY WOULD SURELY ARRIVE IN SOUTH CAROLINA IN TIME FOR DELIVERY BY NOON OF THE FOLLOWING DAY. VIEW THEREOF, YOU MAILED YOUR BID VIA AIRMAIL SPECIAL DELIVERY AT 11 A.M. ON APRIL 17, 1963. THE ACTING POSTMASTER AT MOUNT KISCO CERTIFIED ON APRIL 19, 1963, THAT THE ABOVE INFORMATION WAS CONVEYED TO YOU AND THAT YOU MAILED AN ENVELOPE ON APRIL 17 BEARING THE FOLLOWING ADDRESS:

"DIRECTOR

SOUTH WEST DIVISION

BUREAU OF YARDS AND DOCKS

BUILDING 13

U.S. NAVAL BASE

CHARLESTON, SOUTH CAROLINA"

THE ACTING POSTMASTER FURTHER CERTIFIED THAT THE ABOVE-DESCRIBED ENVELOPE WAS POSTMARKED AND DISPATCHED BY HIM PERSONALLY AT 1 P.M., APRIL 17.

INFORMATION FROM THE PROCUREMENT AGENCY IS TO THE EFFECT THAT YOUR BID ENVELOPE WAS POSTMARKED 11 A.M., APRIL 17, 1963, AT MOUNT KISCO; POSTMARKED 4 P.M., APRIL 18, AT CHARLESTON, SOUTH CAROLINA; POSTMARKED 7 A.M., APRIL 19, AT THE NAVAL BASE BRANCH POST OFFICE; AND THAT IT WAS RECEIVED BY THE PROCUREMENT AGENCY AT 8:03 A.M., APRIL 19.

THE INVITATION ADVISED BIDDERS TO "SEE REVISED STANDARD FORM 22, "INSTRUCTIONS TO BIDDERS," HEREWITH, FOR CHANGED REGULATIONS CONCERNING LATE BIDS AND MODIFICATIONS.' PARAGRAPH 7 THEREOF PROVIDED, IN PART, THAT:

"* * * BIDS * * * RECEIVED AT THE OFFICE DESIGNATED IN THE INVITATION FOR BIDS AFTER THE EXACT TIME SET FOR OPENING OF BIDS WILL NOT BE CONSIDERED UNLESS * * * (B) THEY ARE SENT BY REGISTERED MAIL OR BY CERTIFIED MAIL FOR WHICH AN OFFICIAL POST OFFICE STAMP (POSTMARK) ON THE ORIGINAL RECEIPT FOR CERTIFIED MAIL HAS BEEN OBTAINED, * * * AND (C) IT IS DETERMINED BY THE GOVERNMENT THAT LATE RECEIPT WAS DUE SOLELY TO * * * DELAY IN THE MAILS *

WHILE IT MAY BE THAT YOUR BID WAS MAILED TO THE "SOUTH WEST DIVISION" RATHER THAN TO THE SOUTHEAST DIVISION, THE BID WAS ADDRESSED AND MAILED TO THE NAVAL BASE AT CHARLESTON, SOUTH CAROLINA, AND PRESUMABLY ARRIVED THERE WITHOUT TRANSIT DIFFICULTIES. HENCE, CONSIDERING THAT THE FACE SHEET OF THE INVITATION REFERRED TO THE SOUTHEAST DIVISION FOUR TIMES, WE DO NOT THINK THAT ONE ERRONEOUS REFERENCE TO THE SOUTHWEST DIVISION HAS ANY REAL SIGNIFICANCE HERE.

ALTHOUGH IT MAY BE THAT YOUR BID WAS TIMELY MAILED, IT WAS NOT SENT EITHER BY REGISTERED OR CERTIFIED MAIL AS REQUIRED BY THE QUOTED TERMS OF THE INVITATION AS A PREREQUISITE TO ITS CONSIDERATION IN THE EVENT OF LATE RECEIPT. RATHER, IT WAS POSTED VIA AIRMAIL SPECIAL DELIVERY WHICH IS NOT A METHOD OF MAILING INCLUDED IN THE ABOVE PROVISION.

THE CONDITIONS SET FORTH IN PARAGRAPH 7 FOLLOW LITERALLY ASPR 2-201 (A) (XXV) AND THEY CONSTITUTE MANDATORY DIRECTIONS TO THE PROCUREMENT AGENCY WHICH MAY NOT BE WAIVED IN INDIVIDUAL CASES. DECISION B-150317, DATED NOVEMBER 28, 1962, CITED BY YOU, HAS NO APPLICATION HERE SINCE IT INVOLVED A BID ENVELOPE WHICH HAD BEEN TIMELY MAILED BUT MISHANDLED BY THE PROCUREMENT AGENCY.

ACCORDINGLY, SINCE YOU FAILED TO UTILIZE ONE OF THE MAILING METHODS SPECIFICALLY REQUIRED BY THE INVITATION, WE MUST CONCLUDE THAT CONSIDERATION OF YOUR BID IS PRECLUDED BY THE TERMS OF PARAGRAPH 7. SEE, IN THIS CONNECTION, B-150124, NOVEMBER 21, 1962, 42 COMP. GEN. --- . ..END