B-155523, JAN. 7, 1965

B-155523, JAN. 7, 1965

TO LLOYD M. PARKANS COMPANY:

REFERENCE IS MADE TO THE COPY OF YOUR LETTER DATED OCTOBER 30, 1964, ADDRESSED TO THE SALES CONTRACTING OFFICER, DEFENSE SURPLUS SALES OFFICE, FORT WORTH ARMY DEPOT, FORT WORTH, TEXAS, PROTESTING THE AWARD OF A CONTRACT TO ANY OTHER BIDDER BY THE ABOVE SALES CONTRACTING OFFICER UNDER SALE NO. 37-S-65-32, ITEM 83, OPENING 9 A.M., OCTOBER 29, 1964. YOU STATE THAT YOUR BID WAS MAILED IN HOUSTON, TEXAS, AT 12:20 P.M., OCTOBER 28, 1964; THAT THE TIME WAS NOTED AND STAMPED BY THE POSTAL CLERK; THAT ACCORDING TO THE POSTAL AUTHORITIES, A LETTER AIRMAILED AT THE ABOVE TIME TO FORT WORTH SHOULD HAVE LEFT HOUSTON POST OFFICE AT 5:25 P.M. AND BEEN IN FORT WORTH AT 8:22 P.M. THE SAME DAY; AND SHOULD HAVE BEEN DELIVERED TO THE FORT WORTH ARMY DEPOT THE FOLLOWING DAY IN TIME FOR BID OPENING. YOU CONTEND THAT IN VIEW OF THE ABOVE AND SINCE YOUR BID EXCEEDED THE BID ANNOUNCED AT BID OPENING, YOU SHOULD BE AWARDED ITEM 83.

THE RECORD SUPPLIED BY THE ADMINISTRATIVE OFFICE SUPPORTS YOUR CONTENTION THAT THE LATE RECEIPT OF YOUR BID WAS, IN FACT, DUE TO AN UNEXPLAINED DELAY IN HANDLING OF THE ENVELOPE CONTAINING YOUR BID BY POST OFFICE EMPLOYEES. THE ENVELOPE CONTAINING YOUR BID SHOWS THAT IT WAS MAILED FROM HOUSTON ON OCTOBER 28, 1964, BUT ALSO SHOWS BY DATE AND TIME STAMP THAT IT WAS NOT RECEIVED AT THE FORT WORTH ARMY DEPOT UNTIL 7:00 A.M., OCTOBER 30, 1964. IN ADDITION IT IS SHOWN BY THE RECORD THAT THE SALES OFFICE CHECKED ITS POST OFFICE BOX 15 MINUTES BEFORE THE SALE BEGAN ON OCTOBER 29, 1964, AND THAT YOUR BID WAS NOT IN THE POST OFFICE WHEN THE BOX WAS LAST CHECKED BEFORE THE SALE OPENED.

ARTICLE N: CONSIDERATION OF LATE BIDS, SPECIAL CONDITIONS, PROVIDES AS FOLLOWS:

"BIDS MUST BE IN THE POSSESSION OF THE SALES CONTRACTING OFFICER BY THE TIME SET FOR BID OPENING. A LATE BID WILL BE CONSIDERED ONLY IF RECEIVED BEFORE AWARD AND (1) SUCH BID WAS MAILED BY REGISTERED MAIL OR BY CERTIFIED MAIL FOR WHICH AN OFFICIAL POST OFFICE STAMP (POST MARK) ON THE ORIGINAL RECEIPT FOR CERTIFIED OR REGISTERED MAIL HAS BEEN OBTAINED AND IT IS DETERMINED THAT THE LATENESS WAS DUE SOLELY TO A DELAY IN THE MAILS FOR WHICH THE BIDDER WAS NOT RESPONSIBLE OR MISHANDLING ON THE PART OF THE GOVERNMENT, OR (2) THE BID WAS IN FACT RECEIVED AT THE GOVERNMENT INSTALLATION IN SUFFICIENT TIME TO HAVE BEEN RECEIVED BY THE SALES CONTRACTING OFFICER BY THE TIME SET FOR BID OPENING, AND EXCEPT FOR DELAY DUE TO MISHANDLING ON THE PART OF THE GOVERNMENT AT THE INSTALLATION, WOULD HAVE BEEN ON TIME. FOR THE PURPOSE OF THIS ARTICLE, A GOVERNMENT INSTALLATION IS CONSTRUED TO BE A MILITARY INSTALLATION, A DEFENSE SURPLUS SALES OFFICE LOCATED OFF A MILITARY INSTALLATION, OR A POST OFFICE BOX RENTED BY A DEFENSE SURPLUS SALES OFFICE.'

WHILE YOUR BID APPEARS TO HAVE BEEN TIMELY MAILED, IT 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 "AIRMAILED," A METHOD OF MAILING NOT INCLUDED IN THE FOREGOING PROVISION.

SINCE YOU FAILED TO UTILIZE ONE OF THE MAILING SERVICES LISTED IN ARTICLE N, SPECIAL CONDITIONS, OF THE SALES INVITATION AND SINCE THERE IS NOT AUTHORITY TO WAIVE THESE REQUIREMENTS WE MUST CONCLUDE THAT THE REJECTION OF YOUR BID WAS PROPER, AND THE AWARD AS MADE WAS CORRECT.