B-160260, DEC. 1, 1966

B-160260, DEC. 1, 1966

TO OCEAN RESEARCH EQUIPMENT, INC.:

FURTHER REFERENCE IS MADE TO YOUR TELEGRAM AND LETTER OF OCTOBER 18, 1966, AND LETTER DATED NOVEMBER 8, 1966, PROTESTING AGAINST THE REJECTION OF YOUR LATE BID SUBMITTED IN RESPONSE TO INVITATION FOR BIDS NO. N00251- 67-B-0127 ISSUED BY THE PUGET SOUND NAVAL SHIPYARD.

THE SUBJECT INVITATION, AS AMENDED, FIXED THE TIME OF OPENING OF BIDS AT 10 A.M., P.D.T., OCTOBER 12, 1966. YOUR BID WAS RECEIVED IN THE PURCHASING OFFICE AT 10:39 A.M. ON OCTOBER 17, 1966. ON THAT DATE YOU WERE ADVISED BY TELEPHONE, WHICH WAS CONFIRMED BY LETTER, THAT YOUR BID WAS LATE AND COULD NOT BE CONSIDERED FOR AWARD.

IN YOUR LETTERS YOU STATE THAT YOUR BID WAS DELIVERED TO THE MAIL CLERK AT THE FALMOUTH, MASSACHUSETTS, POST OFFICE AT 9:30 A.M. ON OCTOBER 10, WITH INSTRUCTIONS THAT IT BE SENT AIRMAIL, CERTIFIED WITH RETURN RECEIPT. TO SUBSTANTIATE THIS, YOU HAVE FURNISHED A STATEMENT OF YOUR SECRETARY WHO MAILED THE BID THAT SHE VERBALLY INSTRUCTED THE POSTAL CLERK TO SEND IT AIRMAIL. THE POSTAL CLERK ADVISES THAT HE IS UNABLE TO VERIFY HER STATEMENT. YOU FURTHER STATE THAT AN INVESTIGATION REVEALS THAT THE POSTAL CLERK CHARGED 30 CENTS FOR CERTIFIED MAIL, 35 CENTS FOR RETURN RECEIPT, 20 CENTS FOR POSTAGE AND AN ADDITIONAL 10 CENTS FOR RETURN RECEIPT OR A TOTAL OF 95 CENTS. YOU SAY THAT THE CORRECT POSTAGE IS 85 CENTS FOR FIRST-CLASS MAIL AND 97 CENTS FOR AIRMAIL AND SINCE YOU PAID 95 CENTS FOR POSTAGE YOU BELIEVED THAT THE BID HAD BEEN SENT AIRMAIL AS YOU INSTRUCTED. CONSEQUENTLY, YOU CONTEND THAT THE LATE ARRIVAL OF YOUR BID WAS DUE SOLELY TO A DELAY CAUSED BY THE POST OFFICE FOR WHICH YOU WERE NOT RESPONSIBLE.

IT IS REPORTED BY THE POST OFFICE DEPARTMENT THAT A CERTIFIED FIRST CLASS LETTER MAILED IN FALMOUTH, MASSACHUSETTS, AT 9:30 A.M., OCTOBER 10, 1966, WOULD NOT NORMALLY ARRIVE AT THE PUGET SOUND NAVAL SHIPYARD BY 10 A.M., OCTOBER 12, 1966, BUT THAT A CERTIFIED AIRMAIL ITEM SIMILARLY MAILED WOULD ARRIVE AT THE SHIPYARD PRIOR TO THAT TIME.

PARAGRAPH 6 OF THE STANDARD FORM 33-A, BIDDING INSTRUCTIONS, TERMS, AND CONDITIONS, MADE A PART OF THE INVITATION, PROVIDES THAT IN ORDER FOR BIDS TO BE CONSIDERED THEY MUST BE RECEIVED ON OR BEFORE THE TIME SPECIFIED FOR THE OPENING OF THE BIDS. AN EXCEPTION THERETO IS THAT BIDS SENT BY CERTIFIED MAIL WILL BE CONSIDERED IF RECEIVED PRIOR TO AWARD AND IT IS 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. IS REPORTED THAT THE ENVELOPE CONTAINING YOUR BID DOES NOT CARRY ANY INDICATION THAT THE AIRMAIL WAS REQUESTED OR INTENDED. THE SELF-SERVING STATEMENT OF YOUR SECRETARY THAT AIRMAIL WAS VERBALLY REQUESTED WHICH IS UNSUBSTANTIATED BY THE POSTAL CLERK MAY NOT BE ACCEPTED AS SUFFICIENT EVIDENCE THAT AIRMAIL WAS REQUESTED OR INTENDED. ALSO, WHILE YOU ALLEGE THAT YOU "ESSENTIALLY" PAID AIRMAIL POSTAGE CHARGES, IT IS REPORTED THAT THE ENVELOPE CONTAINING YOUR BID SHOWS THAT A POSTAGE CHARGE OF 20 CENTS WAS MADE FOR FIRST CLASS MAIL RATHER THAN 32 CENTS, THE AIRMAIL POSTAGE CHARGE. IN VIEW THEREOF, IT APPEARS THAT YOU DID NOT PAY FOR AIRMAIL SERVICE. WE HAVE ALSO BEEN INFORMED THAT REPRESENTATIVES OF THE SEATTLE AND FALMOUTH POST OFFICES HAVE STATED THAT THE POSTAL REGULATIONS PROVIDE THAT THE SENDER IS RESPONSIBLE FOR EITHER MARKING THE ENVELOPE WITH THE SERVICE DESIRED OR SEEING TO IT THAT THE POSTAL CLERK CORRECTLY MARKS THE ENVELOPE. INASMUCH AS YOU FAILED TO DO THIS AND SINCE THE EVIDENCE PRESENTED BY YOU DOES NOT DEFINITELY ESTABLISH THAT THE POSTAL CLERK WAS INSTRUCTED TO FORWARD YOUR BID BY AIRMAIL SERVICE, WE THINK THAT THE POST OFFICE WAS UNDER NO OBLIGATION TO SEND YOUR BID BY AIRMAIL. IN VIEW THEREOF, WE MUST CONCLUDE THAT THE FAILURE OF THE BID TO ARRIVE BY THE SCHEDULED OPENING TIME WAS NOT DUE TO DELAY IN THE MAILS WITHIN THE CONTEMPLATION OF THE CITED PARAGRAPH 6 OF STANDARD FORM 33 A. ..END :