B-121570, OCTOBER 1, 1954, 34 COMP. GEN. 150

B-121570, OCTOBER 1, 1954, 34 COMP. GEN. 150

BIDS - ACCEPTANCE OR REJECTION - LATE BIDS A BID FOR A CONTRACT TO SUPPLY MILK AND DAIRY PRODUCTS TO A NAVAL INSTALLATION, WHICH WAS DELIVERED BY THE BIDDER THREE MINUTES LATE TO THE OFFICER IN CHARGE OF OPENING THE BIDS BUT PRIOR TO THE OPENING OF ANY OF THE BIDS AND AFTER IT WAS FIRST TAKEN TO THE PLACE WHERE BIDS WERE NORMALLY DEPOSITED, MAY BE CONSIDERED FOR AWARD.

ACTING COMPTROLLER GENERAL WEITZEL TO THE SECRETARY OF THE NAVY, OCTOBER 1, 1954:

I HAVE YOUR LETTER OF SEPTEMBER 23, 1954, WITH ENCLOSURES, WITH RESPECT TO A PROTEST BY WHITING MILK COMPANY AGAINST CONSIDERATION OF THE BID OF THE NEW LONDON AND MOHEGAN DAIRIES CORPORATION SUBMITTED IN RESPONSE TO INVITATION FOR BIDS NO. IFB-129-8-55 ISSUED BY THE U.S. NAVAL SUBMARINE BASE, NEW LONDON, CONNECTICUT.

THE INVITATION PROVIDES THAT BIDS WOULD BE RECEIVED "AT THE ABOVE OFFICE" UNTIL 10:00 A.M., DAYLIGHT SAVINGS TIME, SEPTEMBER 15, 1954. THE RECORD DISCLOSES THAT THE BID OF NEW LONDON AND MOHEGAN DAIRIES CORPORATION WAS HAND-CARRIED BY MR. HARRY GOLDSTEIN; THAT IT WAS NECESSARY FOR MR. GOLDSTEIN TO OBTAIN A PASS FROM THE SECURITY OFFICE AT THE BASE BEFORE PROCEEDING TO THE SUPPLY OFFICE; AND THAT THE BID WAS DELIVERED TO THE OFFICER OPENING THE BIDS THREE MINUTES AFTER THE TIME SET FOR THE OPENING BUT PRIOR TO THE ACTUAL OPENING OF ANY BIDS.

THE EVIDENCE OF RECORD AS TO THE DELAY OF MR. GOLDSTEIN AT THE SECURITY OFFICE IS NOT IN COMPLETE AGREEMENT BUT TENDS TO SUPPORT THE ALLEGATION THAT THERE WAS AN EXTRAORDINARY DELAY CAUSED BY GOVERNMENT PERSONNEL. AFTER SECURING A PASS FROM THE SECURITY OFFICE, MR. GOLDSTEIN PROCEEDED TO THE ISSUE CONTROL COUNTER ON THE FOURTH FLOOR OF THE SUPPLY OFFICE WHERE BIDS ARE NORMALLY DEPOSITED AND GAVE THE BID TO THE CLERK WHO STAMPED THE ENVELOPE AND GAVE IT BACK TO HIM ADVISING THAT THE OPENING WAS GOING TO TAKE PLACE IN THE CONFERENCE ROOM ON THE THIRD FLOOR. THE CLERK STATES THAT THE TIME WAS APPROXIMATELY 10:00 A.M. MR. GOLDSTEIN THEN PROCEEDED TO THE THIRD FLOOR CONFERENCE ROOM AND HANDED THE BID TO THE OFFICER IN CHARGE OF THE OPENING. THE TIME OF SUCH DELIVERY IS FIXED AT 10:03 A.M. OR THREE MINUTES AFTER THE TIME SET FOR THE OPENING. THE OFFICER IN CHARGE OF THE OPENING STATES THAT SINCE AT THAT TIME, NO BUSINESS HAD BEEN CONDUCTED AND NONE OF THE BIDS HAD BEEN OPENED, THE BID WAS ACCEPTED. AFTER THE OPENING, AND WHEN IT WAS DISCLOSED THAT THE BID WAS LOW, THE REPRESENTATIVE OF WHITING MILK COMPANY WHOSE BID WAS SECOND LOW PROTESTED CONSIDERATION OF THE LOW BID ON THE GROUND THAT IT WAS NOT RECEIVED UNTIL AFTER THE TIME SET FOR THE OPENING.

IT IS THE RESPONSIBILITY OF THE BIDDERS TO SEE THAT THEIR BIDS REACH THE DESIGNATED OFFICE BEFORE THE TIME FIXED FOR THE OPENING OF THE BIDS. THE PURPOSE OF SUCH REQUIREMENT IS TO GIVE ALL BIDDERS AN EQUAL OPPORTUNITY, TO PREVENT FRAUD, AND TO PRESERVE THE INTEGRITY OF THE COMPETITIVE BID SYSTEM.

IN THE INSTANT CASE, THE BID WAS DELIVERED TO THE OFFICER IN CHARGE OF THE OPENING OF THE BIDS ON THE THIRD FLOOR ONLY THREE MINUTES LATE AND PRIOR TO THE ACTUAL OPENING OF ANY OF THE BIDS. BUT THE BID HAD ALREADY BEEN DELIVERED TO THE ROOM USUALLY SET ASIDE ON THE FOURTH FLOOR FOR RECEIVING BIDS. IN THE CIRCUMSTANCES, YOU ARE ADVISED THAT THE BID OF THE NEW LONDON AND MOHEGAN DAIRIES CORPORATION PROPERLY MAY BE CONSIDERED FOR AWARD.

THE PAPERS, WITH THE EXCEPTION OF THE STATEMENT OF THE COMMANDING OFFICER, U.S. NAVAL SUBMARINE BASE, NEW LONDON, CONNECTICUT, DATED SEPTEMBER 17, 1954, SUBMITTED WITH YOUR LETTER, ARE RETURNED.