B-153422, FEB. 11, 1964

B-153422, FEB. 11, 1964

TO SUPERIOR FUSE AND MFG.CO., INC.:

WE REFER TO YOUR CERTIFIED LETTER DATED JANUARY 31, 1964, MAKING PROTEST AGAINST THE REFUSAL OF THE DEFENSE GENERAL SUPPLY CENTER, RICHMOND, VIRGINIA, TO CONSIDER YOUR BID SUBMITTED IN RESPONSE TO INVITATION FOR BIDS NO. DSA-4-64-911 WHICH WAS OPENED AT 2:00 P.M. ON DECEMBER 12, 1963. THE PROCURING INSTALLATION PROPOSES TO RETURN THE BID TO YOU UNOPENED AS A LATE BID.

THE ENVELOPE CONTAINING YOUR BID IS STATED TO BEAR THE FOLLOWING POST MARKS: "HACKENSACK, N.J. DEC 11 6 30 PM; " "RICHMOND, VA. REC-D DEC 12, 1:30 PM 1963; " AND THE STAMP OF THE DEFENSE GENERAL SUPPLY CENTER "RECEIVED DEC 13 8 02 AM -63 DGSC RICHMOND 12, VA.' THE ENVELOPE BORE NO EVIDENCE OF REGISTERED OR CERTIFIED MAILING.

YOU URGE THAT YOUR BID SHOULD BE CONSIDERED FOR AWARD BECAUSE IT HAD BEEN POSTED IN SUFFICIENT TIME PRIOR TO THE TIME SCHEDULED FOR THE OPENING OF BIDS TO HAVE BEEN RECEIVED AT THE INSTALLATION, IN A TIMELY MANNER UNDER NORMAL CONDITIONS BUT THAT DELIVERY WAS ALLOWED BY THE LARGE VOLUME OF HOLIDAY MAIL. YOU OBSERVE THAT THE AMOUNT OF YOUR BID IS MORE THAN TEN PERCENT LESS THAN THE AMOUNT OF THE SECOND LOWEST BID AND YOU CONCLUDE, THEREFORE, THAT IT WOULD BE IN THE BEST INTERESTS OF THE GOVERNMENT TO OVERLOOK ANY IRREGULARITY AND TO AWARD THE CONTRACT TO YOUR COMPANY AT A SUBSTANTIAL SAVING.

YOUR ATTENTION IS INVITED TO THE CLAUSE ON PAGE FOUR OF THE INVITATION ENTITLED "CAUTION TO BIDDERS--- LATE BIDS," WHICH FOREWARNS BIDDERS THAT LATE BIDS DELAYED IN THE MAILS WOULD BE CONSIDERED ONLY IF TIMELY MAILED BY REGISTERED MAIL OR BY CERTIFIED MAIL FOR WHICH A POSTMARKED RECEIPT HAS BEEN OBTAINED. A BID DISPATCHED BY ORDINARY MAIL WHICH ARRIVES AT ITS DESTINATION AFTER THE TIME FIXED FOR BID OPENING BUT BEFORE AWARD IS ELIGIBLE FOR AWARD ONLY IF IT IS RECEIVED AT THE PROCURING INSTALLATION IN SUFFICIENT TIME PRIOR TO THE OPENING TO HAVE ARRIVED IN THE APPOINTED ROOM AT THE APPOINTED TIME IN THE ORDINARY COURSE OF THE MAILS, BUT DID NOT SOLELY BECAUSE OF MISHANDLING BY THE GOVERNMENT. ARMED SERVICES PROCUREMENT REGULATION 2-201 (A) (XXV). THE ARRIVAL OF A BID AT THE LOCAL POST OFFICE, WHICH IS NOT SITUATED ON, AND IS NOT A PART OF, THE PROCURING INSTALLATION, IN SUFFICIENT TIME TO HAVE BEEN CONVEYED TO THE DESIGNATED OFFICE PRIOR TO OPENING IN THE ORDINARY COURSE OF THE MAILS, DOES NOT SATISFY THE REQUIREMENTS FOR ELIGIBILITY. B-152610, DATED OCTOBER 30, 1963, COPY HEREWITH.

THE RESPONSIBILITY FOR ASSURING THAT A BID ARRIVES AT THE PROPER PLACE BY THE TIME SET FOR THE OPENING OF BIDS IS UPON THE BIDDER. 35 COMP. GEN. 432. WHEN DISPATCHING A BID THROUGH THE MAILS A BIDDER MUST TAKE INTO ACCOUNT SEASONAL CONDITIONS WHICH MAY AFFECT THE ORDINARY COURSE OF THE MAILS AND SHOULD MAKE PROVISION FOR ANY ADDITIONAL DELAY WHICH IS TO BE EXPECTED. THE LEGAL CONSEQUENCES OF A BIDDER'S FAILURE TO DO SO MAY NOT BE WAIVED BY THE GOVERNMENT.

FURTHERMORE, THE INTEGRITY OF THE FORMAL ADVERTISING PROCEDURES WHICH ARE DESIGNED TO PLACE ALL BIDDERS ON A PARITY, COULD NOT BE PRESERVED IF THE GOVERNMENT WERE WILLING TO DISREGARD ESTABLISHED RULES AND FORMALITIES WHENEVER SAVINGS COULD BE EFFECTED THEREBY.

SINCE THE BID OF YOUR COMPANY DID NOT REACH THE DEFENSE GENERAL SUPPLY CENTER UNTIL AFTER THE TIME SET FOR BID OPENING, AND SINCE IT HAD NOT BEEN SENT BY REGISTERED OR CERTIFIED MAIL, WE ..END :