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B-136473, JUL. 31, 1958

B-136473 Jul 31, 1958
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DENOKE AND PENNER: REFERENCE IS MADE TO YOUR LETTER OF JULY 15. THE ORIGINAL PROTEST WAS FILED BY YOUR LETTER DATED JUNE 12. YOU HAVE FORWARDED THE SEALED AIR MAIL ENVELOPE IN WHICH THE REJECTED BID WAS MAILED AND REQUESTED FURTHER CONSIDERATION OF THE MATTER. A SPECIAL RAIL RUN WAS MADE FOR PICKUP OF MAIL AT THE POST OFFICE IN SPRINGFIELD. WAS NOT RECEIVED UNTIL 8 A.M. IT WAS FOUND THAT THE DATE OF MAILING WAS NOT LEGIBLE AND THE BID WAS RETURNED TO THE BIDDER UNOPENED. A PROVISION IN SECTION 2.302.1 OF THE ARMED SERVICES PROCUREMENT REGULATIONS WAS CITED AS REQUIRING SUCH ACTION AND THE BIDDER WAS ADVISED THAT THE CONTRACT WOULD BE AWARDED TO ANOTHER CONCERN. THERE WAS SUBMITTED IN SUPPORT OF YOUR PROTEST A COMMUNICATION DATED JUNE 11.

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B-136473, JUL. 31, 1958

TO IRWIN, DENOKE AND PENNER:

REFERENCE IS MADE TO YOUR LETTER OF JULY 15, 1958, SUPPLEMENTING YOUR PROTEST PREVIOUSLY FILED ON BEHALF OF ALDRIDGE ELECTRIC, INC., LAKE FOREST, ILLINOIS, RELATIVE TO THE REFUSAL OF THE UNITED STATES PROPERTY AND FISCAL OFFICER FOR ILLINOIS TO CONSIDER A BID SUBMITTED BY THAT COMPANY IN RESPONSE TO INVITATION FOR BIDS NO. NG-11-115-58 8. THE ORIGINAL PROTEST WAS FILED BY YOUR LETTER DATED JUNE 12, 1958, AND, IN ACCORDANCE WITH THE SUGGESTION MADE IN THE LAST PARAGRAPH OF OUR LETTER TO YOU OF JULY 7, 1958, YOU HAVE FORWARDED THE SEALED AIR MAIL ENVELOPE IN WHICH THE REJECTED BID WAS MAILED AND REQUESTED FURTHER CONSIDERATION OF THE MATTER.

IT APPEARS, AS INDICATED IN OUR LETTER OF JULY 7, 1958, THAT THE INVITATION FOR BIDS PROVIDED THAT BIDS WOULD BE RECEIVED UNTIL 1:30 P.M., CENTRAL DAYLIGHT SAVING TIME, MAY 28, 1958. A SPECIAL RAIL RUN WAS MADE FOR PICKUP OF MAIL AT THE POST OFFICE IN SPRINGFIELD, ILLINOIS, AT APPROXIMATELY 12:30 P.M., CDST, BUT THE BID OF ALDRIDGE ELECTRIC, INC., WAS NOT RECEIVED UNTIL 8 A.M., CDST, MAY 29, 1958, WITH THE FIRST PICKUP OF MAIL ON THAT DATE. UPON INSPECTION OF THE ENVELOPE CONTAINING THE BID, IT WAS FOUND THAT THE DATE OF MAILING WAS NOT LEGIBLE AND THE BID WAS RETURNED TO THE BIDDER UNOPENED. A PROVISION IN SECTION 2.302.1 OF THE ARMED SERVICES PROCUREMENT REGULATIONS WAS CITED AS REQUIRING SUCH ACTION AND THE BIDDER WAS ADVISED THAT THE CONTRACT WOULD BE AWARDED TO ANOTHER CONCERN.

THERE WAS SUBMITTED IN SUPPORT OF YOUR PROTEST A COMMUNICATION DATED JUNE 11, 1958, FROM THE POSTMASTER, LAKE FOREST, ILLINOIS, CERTIFYING THAT THE POSTMARK ON THE ENVELOPE IS SUFFICIENTLY CLEAR TO INDICATE THAT THE TIME OF MAILING WAS MAY 27, 1958, 6:00 P.M., AND THAT UNDER NORMAL HANDLING THE ENVELOPE SHOULD HAVE BEEN DELIVERED IN SPRINGFIELD BEFORE 1:30 P.M., ON MAY 28, 1958. THE POSTMASTER FURTHER STATED THAT, ACCORDING TO THE AIR MAIL DISPATCH SCHEDULE IN HIS POSSESSION, AIR MAIL IS DISPATCHED FROM CHICAGO TO SPRINGFIELD AT 7:55 A.M., ARRIVING IN SPRINGFIELD AT 9:56 A.M., OVER TRIP 31-J OVER OZARK AIRLINES.

YOU STATE THAT AN EXAMINATION OF THE ENVELOPE DISCLOSES AS FOUND BY THE POSTMASTER, LAKE FOREST, ILLINOIS, THAT THE POSTMARK IS SUFFICIENT TO PROVE THE TIME OF MAILING WAS MAY 27, 1958, AT 6:00 P.M. IT IS CONTENDED THAT THE ONLY PART OF THE POSTMARK WHICH REQUIRES SCRUTINY IS THE FIGURE "27" AND THAT ENOUGH OF THE "7" IS VISIBLE SO THAT THERE CAN BE NO QUESTION BUT THAT THE NUMERAL IS A "7.' FURTHER, YOU CONTEND THAT THE POSTMARK COULD NOT HAVE BEEN 37, SINCE THERE ARE ONLY 31 DAYS IN MAY, AND THAT, IF IT HAD BEEN 17, THE LETTER WAS CERTAINLY MAILED IN TIME.

THE POST OFFICE CANCELLATION STAMP IS NOT CLEAR EITHER WITH RESPECT TO THE HOUR, DAY OF MONTH OR YEAR OF MAILING. THE LETTERS FOLLOWING THE FIGURE 6 MIGHT BE AM OR PM, AND THE FIGURES FOLLOWING 19 TO SHOW YEAR OF MAILING ARE BLURRED TO SUCH AN EXTENT THAT THEY ARE NOT CAPABLE OF BEING READ. THE SMALL PORTION OF A SLANTED LINE OPPOSITE THE WORD "MAY" PROBABLY REPRESENTS A PART OF THE FIGURE "7," BUT IT COULD POSSIBLY BE A PART OF A "1" OR OF A "2," AND IT COULD BE PART OF A SINGLE FIGURE OR OF THE FIRST OR SECOND DIGIT OF A DOUBLE FIGURE. WE CANNOT, THEREFORE, AGREE THAT THE DETERMINATION OF THE CONTRACTING OFFICER, THAT THE DATE AND TIME OF MAILING WERE NOT ASCERTAINABLE BY EXAMINATION OF THE ENVELOPE, WAS ARBITRARY OR CAPRICIOUS OR OTHERWISE UNJUSTIFIED. EVEN IF THE CONTRACTING OFFICER HAD ASSUMED THAT THE SMALL SLANTED LINE IN THE POSTMARK REPRESENTED A PART OF THE FIGURE "7" HE COULD NOT HAVE BEEN CERTAIN AS TO THE ACTUAL DATE OF MAILING, AND HE WAS NEITHER REQUIRED NOR AUTHORIZED TO CONSIDER A LATE BID FORWARDED BY NON-REGISTERED OR NON-CERTIFIED MAIL, WHERE THE DATE OF MAILING COULD NOT BE DETERMINED BY INSPECTION OF THE POSTMARK ON THE ENVELOPE. THE ARMED SERVICES PROCUREMENT REGULATIONS REQUIRE THAT SUCH LATE BIDS SHALL NOT BE CONSIDERED FOR AWARD (ASPR 2- 302.1), AND NO PROVISION IS MADE THEREIN FOR CONSIDERATION OF POSSIBLE OMISSIONS OF PARTS OF DATES ON POSTMARKS IN CASES WHERE, AS HERE, THE BID OPENING DATE IS NEAR THE END OF A MONTH.

ACCORDINGLY, AND FOR THE REASONS SET FORTH IN OUR LETTER OF JULY 7, 1958, YOU ARE ADVISED THAT IT IS OUR CONCLUSION THAT WE WOULD NOT BE WARRANTED IN TAKING ANY ACTION WITH A VIEW TOWARD CANCELLATION OF THE CONTRACT WHICH WAS AWARDED PURSUANT TO INVITATION FOR BIDS NO. NG-11 115-58-8.

THE SEALED ENVELOPE CONTAINING THE BID OF ALDRIDGE ELECTRIC, INC., IS RETURNED HEREWITH.

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