B-135918, MAY 26, 1958

B-135918, MAY 26, 1958

TO THE SECRETARY OF THE NAVY:

REFERENCE IS MADE TO OUR DECISION TO YOU OF MAY 2, 1958, B-135918, WHEREIN IT WAS HELD THAT THE BID SUBMITTED BY W. A. APPLE MANUFACTURING, INC., IN RESPONSE TO INVITATION FOR BIDS NO. IFB-383 550-58, ISSUED BY THE AVIATION SUPPLY OFFICE, PHILADELPHIA, PENNSYLVANIA, WAS A LATE BID AND, AS SUCH, COULD NOT BE CONSIDERED FOR AWARD.

W. A. APPLE MANUFACTURING, INC., REQUESTED RECONSIDERATION OF THAT DECISION. THE RECORD SHOWS THAT THE BID OF W. A. APPLE MANUFACTURING, INC., WAS DELIVERED BY HAND BY MR. APPLE TO THE BID OPENING SUPERVISOR AT OR VERY SHORTLY AFTER 10:00 A.M., AND THAT THE AUTOMATIC TIME STAMPING ELECTRIC CLOCK USED IN RECORDING RECEIPT OF BIDS REGISTERED 10:01 ON THE BID ENVELOPE. HOWEVER, THE RECORD FURTHER INDICATES THAT MR. APPLE WAS AT THE AVIATION SUPPLY OFFICE AT 10:00 A.M., AND THERE IS THE POSSIBILITY, WHICH IS NOW ADMITTED BY THE AVIATION SUPPLY OFFICE, THAT THE TIME RECORDING CLOCK WAS FAST, AT LEAST TO SOME SLIGHT DEGREE.

IT IS NOT POSSIBLE WITH ANY DEGREE OF CERTAINTY TO ESTABLISH THE EXACT TIME THAT MR. APPLE DELIVERED HIS BID TO THE BID OPENING ROOM WHEN IT IS CONSIDERED THAT THE EVIDENCE OF RECORD INDICATES THAT MR. APPLE WAS AT THE MAIN GATE AT 10:00 A.M., OBTAINED A TEMPORARY BADGE AND THEN IMMEDIATELY PROCEEDED TO THE BID OPENING ROOM ONLY A SHORT DISTANCE AWAY WHERE HIS BID WAS TIME REGISTERED BY A CLOCK SINCE ESTABLISHED TO HAVE BEEN FAST, ALL IN THE INTERVAL OF ONE MINUTE, MORE OR LESS. IN THE CIRCUMSTANCES NOW APPEARING YOU ARE ADVISED THAT THE CONCLUSION REACHED IN THE DECISION OF MAY 2, 1958, IS REVERSED AND THAT THE BID OF W. A. APPLE MANUFACTURING, INC., MAY BE ACCEPTED AS TIMELY SUBMITTED AND MAY BE CONSIDERED FOR AWARD UNDER THE SUBJECT INVITATION FOR BIDS.