B-149341, JUL. 18, 1962

B-149341, JUL. 18, 1962

TO DEE-CEE ROOFING COMPANY, INC.:

REFERENCE IS MADE TO YOUR LETTER OF JUNE 29, 1962, CONCERNING YOUR BID SUBMITTED IN RESPONSE TO INVITATION FOR BIDS NO. ORD-28-017-62-230, ISSUED BY PICATINNY ARSENAL, DOVER, NEW JERSEY.

THE INVITATION REQUESTED BIDS TO BE OPENED AT 3 P.M., E.D.S.T., MAY 31, 1962. AT THE TIME OF THE OPENING YOUR BID HAD NOT BEEN RECEIVED. IT WAS RECEIVED ON THE FOLLOWING DAY, JUNE 1, 1962. DUE TO THE FACT THAT THE POSTMARK ON THE ENVELOPE WAS NOT LEGIBLE THE DATE AND TIME OF MAILING THE BID COULD NOT BE DETERMINED. THE BID WAS THEREFORE REJECTED AS A LATE BID AND WAS RETURNED TO YOU.

YOU PROTEST THE REJECTION OF YOUR BID ON THE BASIS THAT THE BID WAS TIMELY MAILED AND, IN THE CIRCUMSTANCES SET FORTH IN YOUR LETTER, SHOULD HAVE BEEN CONSIDERED. IT CONSISTENTLY HAS BEEN HELD THAT IT IS THE BIDDER'S ABSOLUTE RESPONSIBILITY TO SEE THAT HIS BID IS RECEIVED AT THE PLACE OF THE OPENING ON OR BEFORE THE TIME SPECIFIED IN THE INVITATION. THE ONLY EXCEPTION PERMITTED HAS BEEN IN SITUATIONS WHERE BIDS SENT BY MAIL WERE RECEIVED PRIOR TO AWARD AND IT WAS DETERMINED BY THE GOVERNMENT THAT THE FAILURE TO ARRIVE ON TIME WAS DUE SOLELY TO DELAY IN THE MAILS FOR WHICH THE BIDDER WAS NOT RESPONSIBLE. FURTHERMORE, THE INVITATION HERE INVOLVED SPECIFICALLY PROVIDED, WITH RESPECT TO LATE BIDS, THAT "AS TO NONREGISTERED OR NONCERTIFIED MAIL, WHEN THE DATE OF MAILING CANNOT BE DETERMINED BY INSPECTION OF THE ENVELOPE, THE BID AND/OR BID BOND SHALL NOT BE CONSIDERED FOR AWARD.'

SINCE THE DATE AND TIME OF MAILING OF THE BID HERE INVOLVED CANNOT BE DETERMINED BY INSPECTION OF THE ENVELOPE, REGARDLESS OF THE CAUSE THEREOF, THERE IS NO BASIS UPON WHICH WE COULD DISAGREE WITH THE DETERMINATION MADE BY THE CONTRACTING OFFICER THAT YOUR BID WAS LATE AND NOT PROPER FOR CONSIDERATION.