B-151181, MAY 16, 1963

B-151181, MAY 16, 1963

TO BAITINGER ELECTRIC CO., INC.:

FURTHER REFERENCE IS MADE TO YOUR LETTER OF MARCH 30, 1963, WITH ENCLOSURES, PROTESTING AGAINST THE ACTION OF THE PHILADELPHIA NAVAL SHIPYARD, PHILADELPHIA, PENNSYLVANIA, IN REJECTING YOUR LATE BID SUBMITTED IN RESPONSE TO INVITATION NO. 151-326-63, COVERING THE FURNISHING OF RADIO AND RADIO REMOTE FITTINGS.

THE INVITATION REQUESTED BIDS TO BE OPENED AT 10 A.M., E.S.T., MARCH 15, 1963. AT THE TIME OF THE OPENING YOUR BID HAD NOT BEEN RECEIVED. IT WAS RECEIVED LATER AT 2:32 P.M., THE SAME DAY. THE ENVELOPE IN WHICH THE BID OF YOUR FIRM WAS MAILED IS POSTMARKED CHURCH STREET STATION IN NEW YORK AT 6:30 P.M., ON MARCH 14, 1963. SINCE YOUR BID WAS NOT SENT BY REGISTERED OR CERTIFIED MAIL, IT WAS RETURNED TO YOU UNOPENED AS A LATE UNACCEPTABLE BID.

YOU CONTEND THAT THE PROCUREMENT OFFICIALS ERRED IN REFUSING TO CONSIDER YOUR OFFER, SINCE THE DELAY IN RECEIPT THEREOF IN THE BID ROOM AFTER THE OPENING TIME FIXED BY THE INVITATION WAS DUE SOLELY TO THE MISHANDLING OF THE MAIL BY POSTAL EMPLOYEES, AND NOT TO ANY FAULT OR NEGLIGENCE ON THE PART OF YOUR FIRM.

THE INVITATION CAUTIONED ALL BIDDERS ON PAGE 9 THEREOF TO TAKE NOTE OF THE PROVISIONS OF THE LATE BID CLAUSE APPEARING ON THE SAME PAGE WHICH STIPULATED THAT---

"BIDS * * * RECEIVED AT THE OFFICE DESIGNATED IN THE INVITATION FOR BIDS AFTER THE EXACT TIME SET FOR OPENING OF THE BIDS WILL NOT BE CONSIDERED UNLESS * * * (B) THEY ARE SENT BY REGISTERED MAIL, OR BY CERTIFIED MAIL FOR WHICH AN OFFICIAL POST OFFICE STAMP (POSTMARK) ON THE ORIGINAL RECEIPT FOR CERTIFIED MAIL HAS BEEN OBTAINED, * * * AND (C) IT IS DETERMINED BY THE GOVERNMENT THAT LATE RECEIPT WAS DUE SOLELY TO * * * DELAY IN THE MAILS * * *.'

THE CONDITIONS SET FORTH IN THE LATE BID CLAUSE OF THE INVITATION FOR CONSIDERATION OF LATE BIDS ARE THOSE PRESCRIBED BY ASPR 2-201 (A) (XXV) FOR THE USE OF THE DEPARTMENT OF DEFENSE.

YOUR BID WAS NOT SENT EITHER BY REGISTERED OR CERTIFIED MAIL, AS REQUIRED BY THE QUOTED TERMS AS A PREREQUISITE TO ITS CONSIDERATION IN THE EVENT OF LATE RECEIPT. INSTEAD, IT WAS SENT BY ORDINARY MAIL.

SINCE YOU FAILED TO UTILIZE ONE OF THE MAILING SERVICES LISTED IN THE LATE BID CLAUSE OF THE INVITATION AND SINCE THERE IS NO AUTHORITY TO WAIVE THESE REQUIREMENTS OR THE APPLICABLE REGULATIONS, WE MUST CONCLUDE THAT THE REJECTION OF YOUR BID WAS PROPER. ACCORDINGLY, SUCH ACTION WILL NOT BE DISTURBED BY THIS OFFICE. SEE B-150124, NOVEMBER 21, 1962, PUBLISHED AT 42 COMP. GEN. --- AND B-150514, MARCH 22, 1963, PUBLISHED AT 42 COMP. GEN. ---. ..END :