B-141185, DEC. 16, 1959

B-141185, DEC. 16, 1959

TO BELLAIRE INDUSTRIES, INC.:

FURTHER REFERENCE IS MADE TO YOUR LETTER OF NOVEMBER 3, 1959, WITH ENCLOSURE, PROTESTING AGAINST ANY AWARD WHICH MAY BE MADE UNDER INVITATION FOR BIDS NO. 30-603-60-21 ISSUED ON OCTOBER 9, 1959, BY THE BASE PROCUREMENT OFFICE, STEWART AIR FORCE BASE, NEWBURGH, NEW YORK.

THE INVITATION PROVIDED ON ITS FACE SHEET THAT BIDS FOR THE INSTALLATION OF 170 COMBINATION STORM AND SCREEN WINDOWS "WILL BE RECEIVED UNTIL 9:00 AM EASTERN STANDARD TIME 21 OCTOBER 1959 IN THE OFFICE OF THE BASE PROCUREMENT OFFICER (BLDG. 1200-Y), STEWART AIR FOR BASE, NEW YORK.' YOU ALLEGE THAT THE LATE ARRIVAL OF YOUR BID UNDER THE INVITATION WAS DUE TO SOME DELAY OF THE POST OFFICE WHICH WAS BEYOND YOUR CONTROL, AND THAT, ACCORDINGLY, YOUR BID SHOULD BE ACCEPTED AND CONSIDERED FOR AWARD. YOU ADVISE THAT YOUR BID WAS MAILED FROM THE NEW LOTS POST OFFICE AT 2:15 P.M. ON OCTOBER 20, 1959, ON REGISTRY NO. 137374; AND THAT, ACCORDING TO THE POST OFFICE, THIS PIECE OF MAIL SHOULD HAVE LEFT BROOKLYN AT 2:35 P.M. AND ARRIVED AT NEWBURGH IN TIME FOR THE BID OPENING. HOWEVER, YOUR BID WAS NOT RECEIVED IN THE BASE PROCUREMENT OFFICE UNTIL OCTOBER 26, 1959, AND IT HAS BEEN RETAINED THERE UNOPENED BY THE CONTRACTING OFFICER PURSUANT TO SECTION 2-303.7 OF THE ARMED SERVICES PROCUREMENT REGULATION.

THE SUPERINTENDENT OF MAILS AT THE NEWBURGH, NEW YORK, POST OFFICE, HAS ADVISED THAT YOUR BID SHOULD HAVE BEEN RECEIVED AT THAT OFFICE AT 5:30 A.M. ON OCTOBER 21, AND THAT IT SHOULD HAVE BEEN SENT BY POST OFFICE TRUCK TO ARRIVE AT STEWART AIR FORCE BASE ON OR ABOUT 8:30 A.M. ON THE 21ST. NOTIFICATION OF THE ARRIVAL OF REGISTERED MAIL AT THE BASE IS NOT GIVEN TO THE ADDRESSEE BY TELEPHONE, BUT, UPON RECEIPT OF SUCH MAIL BY THE BASE POST OFFICE, A POST OFFICE FORM IS COMPLETED, IDENTIFYING THE REGISTERED MAIL, AND IS FORWARDED TO THE BASE LOCATOR WHICH IS LOCATED ABOUT 30 FEET FROM THE BASE POST OFFICE. FROM THE BASE LOCATOR, THE FORM IS THEN SENT TO THE MESSAGE CENTER ABOUT 600 FEET FROM THE OFFICE OF THE BASE LOCATOR. THE FORM THEN IS HAND DELIVERED TO THE PROCUREMENT OFFICE ABOUT A QUARTER MILE DISTANT. THE FIRST DAILY DELIVERY FROM THE MESSAGE CENTER ARRIVES AT THE PROCUREMENT OFFICE AT APPROXIMATELY 11 A.M., AND THE ONLY OTHER DAILY DELIVERY IS MADE AT ABOUT 2 P.M.

SECTION 2-302 OF THE ARMED SERVICES PROCUREMENT REGULATION PROVIDES THAT: "BIDS SHALL BE SUBMITTED SO AS TO BE RECEIVED IN THE OFFICE DESIGNATED IN THE INVITATION FOR BIDS NOT LATER THAN THE EXACT TIME SPECIFIED FOR OPENING.' UNDER THE EXPRESS TERMS OF THE INVITATION, IT WAS NECESSARY THAT YOUR BID BE RECEIVED AT THE BASE PROCUREMENT OFFICE ON OR BEFORE 9 A.M. ON OCTOBER 21 IN ORDER THAT IT MIGHT HAVE BEEN CONSIDERED FOR AWARD. SEE, IN THIS CONNECTION PARAGRAPH 7 OF THE "INSTRUCTIONS TO BIDDERS.' HOWEVER, THAT OFFICE COULD NOT HAVE POSSIBLY RECEIVED NOTICE THAT A PIECE OF REGISTERED MAIL MAILED FROM THE NEW LOTS AVENUE POST OFFICE AT 2:15 P.M. ON OCTOBER 20 WAS TO BE PICKED UP AT THE BASE POST OFFICE UNTIL ABOUT 11 A.M. ON OCTOBER 21, OR SUBSEQUENT TO THE TIME FIXED FOR OPENING. UNDER SECTION 2-303.2 OF THE REGULATION, A LATE BID MAY BE CONSIDERED IF ITS LATENESS WAS DUE SOLELY TO A DELAY IN THE MAILS FOR WHICH THE BIDDER IS NOT RESPONSIBLE, OR, IF RECEIVED AT THE GOVERNMENT INSTALLATION IN SUFFICIENT TIME TO BE RECEIVED AT THE DESIGNATED OFFICE PRIOR TO OPENING, BUT NOT RECEIVED IN TIME DUE TO THE MISHANDLING BY INSTALLATION PERSONNEL. HERE, THE RECORD IS CLEAR THAT THE BEST DELIVERY UNDER NORMAL, ESTABLISHED BASE PROCEDURES WOULD NOT HAVE PERMITTED RECEIPT OF YOUR BID IN THE BASE PROCUREMENT OFFICE PRIOR TO 9 A.M. ON OCTOBER 21. ALTHOUGH YOUR BID DID NOT REACH THAT OFFICE UNTIL OCTOBER 26, ANY MISHANDLING OF YOUR REGISTERED LETTER BY BASE PERSONNEL CLEARLY WAS NOT THE CAUSE OF THE FAILURE OF YOUR BID TO REACH ITS NAMED DESIGNATION PRIOR TO OPENING.

ACCORDINGLY, YOU ARE ADVISED THAT THE ACTION TAKEN BY THE PROCUREMENT AGENCY IN THE MATTER WAS PROPER.