B-159069, MAY 12, 1966

B-159069, MAY 12, 1966

TO THE SECRETARY OF THE INTERIOR:

REFERENCE IS MADE TO LETTER DATED APRIL 28, 1966, FROM THE DEPUTY ASSISTANT SECRETARY, REQUESTING A DECISION WHETHER OUR OFFICE AGREES, AS DOES YOUR DEPARTMENT, THAT IT WAS PROPER FOR THE CONTRACTING OFFICER TO REJECT THE LATE BID RECEIVED FROM THE GALACTIC CORPORATION UNDER INVITATION FOR BIDS NO. 100S-845, ISSUED BY THE BUREAU OF RECLAMATION.

PROSPECTIVE BIDDERS WERE ADVISED BY THE INVITATION THAT BIDS WERE TO BE OPENED AT 3 P.M., S.T., MARCH 3, 1966, AT THE OFFICE OF THE BUREAU OF RECLAMATION, FAIRGROUNDS, BOISE, IDAHO. BIDDERS WERE FURTHER CAUTIONED THAT BIDS ARRIVING AT THE BOISE POST OFFICE LATER THAN 12 NOON ARE NOT NORMALLY DELIVERED TO THE BID OPENING OFFICE IN TIME FOR A 3 P.M. OPENING THE SAME DAY.

BIDS WERE OPENED AT THE SPECIFIED TIME. HOWEVER, THE BID SENT BY GALACTIC BY CERTIFIED AIRMAIL, SPECIAL DELIVERY, ARRIVED AT APPROXIMATELY 8:30 A.M., THE NEXT DAY. THE SAME DAY THE BIDDER WAS ADVISED BY LETTER OF THE LATE ARRIVAL OF THE BID AND WAS REQUESTED TO SUBMIT PROOF THAT THE BID WAS SENT IN SUFFICIENT TIME TO ARRIVE AT THE BID OPENING OFFICE PRIOR TO OPENING TIME AND THAT THE DELAY WAS NOT DUE TO ITS FAULT. THE BIDDER WAS ADVISED FURTHER THAT, IN THE CASE OF CERTIFIED MAIL, THE ONLY ACCEPTABLE EVIDENCE ESTABLISHING THE DATE OF MAILING IS THE ORIGINAL POSTMARKED RECEIPT. IN RESPONSE TO THE LETTER, THE BIDDER SUBMITTED A LETTER OF MARCH 7, 1966, STATING THAT THE BID WAS MAILED AT 6 P.M. ON MARCH 2, 1966; A CERTIFIED MAIL RECEIPT NO. 324542, DATED MARCH 2, 1966, BEARING THE SIGNATURE OF MR. HEINE OF THE CORPORATION; A TELEGRAM FROM THE POSTMASTER AT ONTARIO, CALIFORNIA, STATING THAT AIRMAIL DEPOSITED AT 6 P.M. WOULD NORMALLY ARRIVE AT BOISE BEFORE 3 P.M. THE NEXT DAY; AND INFORMATION THAT THERE WAS MISHANDLING OF MAIL BY AIRLINE PERSONNEL.

IN LINE WITH SECTION 1-2.303 OF THE FEDERAL PROCUREMENT REGULATIONS (FPR), THE BIDDING TERMS AND CONDITIONS OF THE INVITATION FOR BIDS PROVIDED, AS ONE OF THE CONDITIONS FOR CONSIDERATION OF LATE BIDS SENT BY CERTIFIED MAIL, THAT THERE BE A RECEIPT FOR CERTIFIED MAIL BEARING AN "OFFICIAL DATED POST OFFICE STAMP (POSTMARK).' HOWEVER, THE CERTIFIED MAIL RECEIPT FURNISHED BY THE BIDDER DOES NOT CONTAIN THE REQUIRED OFFICIAL POSTMARK. IN B-154875, AUGUST 10, 1964, WHEREIN THERE WERE CONSIDERED SIMILAR BIDDING CONDITIONS WITH RESPECT TO A LATE BID, OUR OFFICE HELD THAT IN THE ABSENCE OF A CERTIFIED MAIL RECEIPT SHOWING AN OFFICIAL, LEGIBLE, AND DATED POST OFFICE STAMP, A LATE BID IS NOT ENTITLED TO CONSIDERATION EVEN THOUGH IT WAS SENT BY CERTIFIED MAIL.

IT IS THEREFORE OUR VIEW THAT THE CONTRACTING OFFICER ACTED PROPERLY IN DISREGARDING THE LATE BID SUBMITTED BY THE GALACTIC CORPORATION.

THE DOCUMENTS WHICH ACCOMPANIED THE APRIL 28 LETTER ARE RETURNED AS REQUESTED.