B-146118, JUL. 13, 1961

B-146118, JUL. 13, 1961

TO LAMSON CORPORATION:

REFERENCE IS MADE TO YOUR LETTER OF JULY 3, 1961, REQUESTING RECONSIDERATION OF OUR DECISION OF JUNE 30, 1961, HOLDING THAT YOUR LATE BID SUBMITTED UNDER INVITATION FOR BIDS NO. 600-1136-61 ISSUED BY THE U.S. NAVY PURCHASING OFFICE, WASHINGTON, D.C., COULD NOT BE CONSIDERED FOR AWARD.

THE INVITATION, AS MODIFIED BY AMENDMENT NO. 1, SPECIFIED THAT BIDS RECEIVED IN RESPONSE THERETO WERE TO BE PUBLICLY OPENED AT 10:30 A.M., EASTERN DAYLIGHT SAVING TIME, ON JUNE 12, 1961. AT THE TIME OF THE OPENING YOUR BID HAD NOT BEEN RECEIVED. THE BID WAS RECEIVED ON JUNE 13 AND ADMITTEDLY WAS NOT MAILED IN SUFFICIENT TIME TO HAVE BEEN RECEIVED IN THE NORMAL COURSE OF THE MAILS PRIOR TO THE TIME SET FOR THE OPENING OF THE BIDS. HOWEVER, IT IS ALLEGED THAT YOUR PROPOSED BID WAS MAILED FROM YOUR HOME OFFICE IN SYRACUSE, NEW YORK, TO YOUR OFFICE IN BALTIMORE, MARYLAND, ON JUNE 8 AND SHOULD HAVE ARRIVED IN BALTIMORE ON JUNE 9 (FRIDAY), BUT IT DID NOT; THAT THE BALTIMORE OFFICE WAS CLOSED ON SATURDAY; AND THAT UPON OPENING THE LETTER ON MONDAY MORNING IT WAS TOO LATE TO HAND CARRY THE BID TO WASHINGTON FOR THE 10:30 A.M. OPENING. THEREFORE, THE BID WAS MAILED AT APPROXIMATELY 10:00 A.M. FROM GLEN BURNIE, MARYLAND. WITH RESPECT TO THE BALTIMORE OFFICE BEING CLOSED ON SATURDAY, IT IS STATED THAT YOU WERE CALLED TO SYRACUSE ON JUNE 9 (FRIDAY) AND WERE UNABLE TO RETURN TO BALTIMORE UNTIL THE MORNING OF JUNE 12 (MONDAY), AT WHICH TIME EVERY EFFORT WAS MADE TO DELIVER THE BID. IT IS CONTENDED THAT, SINCE THERE WAS A DELAY IN THE MAILS BETWEEN YOUR SYRACUSE AND BALTIMORE OFFICES, THE FACT THAT THE ACTUAL BID WAS MAILED PRIOR TO THE BID OPENING WOULD APPEAR TO A BASIS FOR AN AWARD WHICH WOULD BEST SERVE THE INTEREST OF THE GOVERNMENT.

UNDER THE COMPETITIVE BID SYSTEM IT IS THE ABSOLUTE RESPONSIBILITY OF THE BIDDER TO SEE THAT HIS BID IS TIMELY RECEIVED IN ORDER THAT IT MAY BE PUBLICLY OPENED AT THE PLACE AND TIME SPECIFIED IN THE INVITATION. U.S.C. 2305 (B). THE EXCEPTION TO SUCH RULE--- THAT A LATE BID MAY BE CONSIDERED IF IT IS DETERMINED THAT THE FAILURE TO ARRIVE ON TIME WAS DUE TO DELAY IN THE MAILS FOR WHICH THE BIDDER WAS NOT RESPONSIBLE--- CLEARLY REFERS TO A BID MAILED BY THE BIDDER, PROPERLY ADDRESSED TO THE OFFICE SPECIFIED IN THE INVITATION. SUCH PROVISION OBVIOUSLY DOES NOT INCLUDE DELAYS IN THE MAILS WHICH MAY OCCUR BETWEEN VARIOUS OFFICES OF THE BIDDER OR BETWEEN THE BIDDER AND HIS SUPPLIERS PRIOR TO THE MAILING OF THE ACTUAL BID TO THE AGENCY SPECIFIED IN THE INVITATION. UNTIL A BID HAS BEEN ACTUALLY PLACED IN THE COURSE OF TRANSMISSION TO THE CONTRACTING AGENCY IT REMAINS FULLY SUBJECT TO THE CONTROL OF THE BIDDER, AND DELAYS IN THE COURSE OF ITS TRANSMITTAL BETWEEN DIFFERENT OFFICES OR AGENTS OF THE BIDDER, NO MATTER HOW CAUSED, CANNOT BE CONSIDERED AS EXCUSING LATE DELIVERY TO THE GOVERNMENT.

THE FACT THAT THE BID HERE INVOLVED WAS MAILED TO THE PROPER AGENCY PRIOR TO THE TIME SET FOR THE OPENING OF THE BIDS IS NOT DETERMINATIVE. ORDER FOR A BID TO BE ELIGIBLE FOR CONSIDERATION THE BID MUST HAVE BEEN MAILED IN TIME TO HAVE BEEN DELIVERED IN THE NORMAL COURSE OF THE MAILS PRIOR TO THE TIME SET FOR THE OPENING. THE STRICT MAINTENANCE OF THE COMPETITIVE BID SYSTEM, REQUIRED BY LAW, IS INFINITELY MORE IN THE PUBLIC INTEREST THAN OBTAINING AN APPARENT PECUNIARY SAVING IN A PARTICULAR CASE BY A VIOLATION OF THE RULES.

ACCORDINGLY, YOU ARE ADVISED THAT THERE IS NO BASIS TO MODIFY THE CONCLUSION REACHED IN THE DECISION OF JUNE 30, 1961.