B-192943, OCT 3, 1978

B-192943, OCT 3, 1978

DIGEST: PROTESTER'S HAND-CARRIED PROPOSAL RECEIVED AFTER TIME SPECIFIED IN SOLICITATION FOR RECEIPT OF PROPOSALS BECAUSE OF TRAFFIC DELAY WAS PROPERLY REJECTED SINCE SOLICITATION CONTAINED NO PROVISION FOR CONSIDERATION OF LATE PROPOSALS UNDER SUCH CIRCUMSTANCES.

BRIGGS ENGINEERING AND TESTING CO., INC

BRIGGS ENGINEERING AND TESTING CO., INC. (BRIGGS) PROTESTS THE REJECTION OF ITS PROPOSAL AS LATE IN CONNECTION WITH PROJECT NO. RMA 78553 OF THE GENERAL SERVICES ADMINISTRATION (GSA). BRIGGS CONTENDS THAT ITS HAND- CARRIED PROPOSAL WAS RECEIVED BY GSA ONLY 5 MINUTES AFTER TIME SET FOR RECEIPT OF PROPOSALS, AND THAT THE LATENESS WAS DUE TO A TRAFFIC DELAY.

THE GENERAL RULE IS THAT THE BIDDER/OFFEROR HAS THE RESPONSIBILITY FOR TIMELY DELIVERY OF THE BID OR PROPOSAL TO THE PROPER LOCATION AND PERSONNEL. SEE FEDERAL CONTRACTING CORP. ET AL., 54 COMP.GEN. 304 (1974), 74-2 CPD 229. CONSIDERATION OF LATE BIDS OR PROPOSALS MAY BE PERMITTED ONLY IN THE EXACT CIRCUMSTANCES PROVIDED FOR IN THE SOLICITATION. SEE HOT LAKE DEVELOPMENT INC.; VALE GEOTHERMAL, INC., B-192512, AUGUST 18, 1978, 78-2 CPD 135.

IN THIS CASE THERE IS NO PROVISION IN THE SOLICITATION FOR CONSIDERATION OF PROPOSALS WHICH ARE RECEIVED LATE BECAUSE OF UNEXPECTED TRAFFIC DELAYS, AND SUCH DELAYS ARE UNIFORMLY REGARDED AS CONTINGENCIES FOR WHICH BIDDERS/OFFERORS MUST BEAR THE RESPONSIBILITY. SEE V.J. GAUTIERI, INC., B-181720, SEPTEMBER 17, 1974, 74-2 CPD 173.

ACCORDINGLY, REJECTION OF THE LATE PROPOSAL WAS PROPER AND THE PROTEST IS, THEREFORE, SUMMARILY DENIED.