B-223270, JUN 26, 1986
Highlights
CONTRACTS - NEGOTIATION - LATE PROPOSALS AND QUOTATIONS - REJECTION PROPRIETY DIGEST: LATE PROPOSAL SENT BY EXPRESS MAIL THE DAY BEFORE OFFERS WERE DUE WAS PROPERLY REJECTED BY THE PROCURING AGENCY WHERE PROPOSAL DID NOT MEET ANY OF THE EXCEPTIONS IN THE SOLICITATION'S LATE PROPOSAL CLAUSE FOR CONSIDERATION OF LATE PROPOSALS. WE DISMISS THE PROTEST PURSUANT TO SECTION 21.3(F) OF OUR BID PROTEST REGULATIONS BECAUSE THE PROTEST IS CLEARLY WITHOUT LEGAL MERIT AND. THE RFP CLOSING DATE WAS SET FOR MAY 16. BAYSHORE CONTENDS THAT SINCE ITS PROPOSAL WAS IN THE HANDS OF THE FEDERAL GOVERNMENT. BAYSHORE'S PROPOSAL WAS PROPERLY REJECTED BY WRMC. SINCE IT WAS NOT RECEIVED AT THE DESIGNATED OFFICE BEFORE THE CLOSING.
B-223270, JUN 26, 1986
CONTRACTS - NEGOTIATION - LATE PROPOSALS AND QUOTATIONS - REJECTION PROPRIETY DIGEST: LATE PROPOSAL SENT BY EXPRESS MAIL THE DAY BEFORE OFFERS WERE DUE WAS PROPERLY REJECTED BY THE PROCURING AGENCY WHERE PROPOSAL DID NOT MEET ANY OF THE EXCEPTIONS IN THE SOLICITATION'S LATE PROPOSAL CLAUSE FOR CONSIDERATION OF LATE PROPOSALS.
BAYSHORE CLINICAL LABORATORIES:
BAYSHORE CLINICAL LABORATORIES (BAYSHORE) PROTESTS THE REJECTION OF ITS LATE PROPOSAL SUBMITTED UNDER REQUEST FOR PROPOSALS (RFP) NO. DADA151-86-R -0028 ISSUED BY THE WALTER REED ARMY MEDICAL CENTER (WRMC) FOR DRUG ABUSE TESTING.
WE DISMISS THE PROTEST PURSUANT TO SECTION 21.3(F) OF OUR BID PROTEST REGULATIONS BECAUSE THE PROTEST IS CLEARLY WITHOUT LEGAL MERIT AND, THEREFORE, DOES NOT REQUIRE THE SUBMISSION OF AN AGENCY REPORT. 4 C.F.R. SEC. 21.3(F) (1985).
THE RFP CLOSING DATE WAS SET FOR MAY 16, 1986, AT 3:30 P.M. BAYSHORE SENT ITS PROPOSAL BY UNITED STATES POSTAL SERVICE EXPRESS MAIL ON MAY 15 AT 11 A.M., WITH GUARANTEED NEXT DAY DELIVERY. WRMC RECEIVED THE PROPOSAL AT 10:10 P.M. MAY 17, 1986, AND REJECTED THE PROPOSAL AS LATE. BAYSHORE CONTENDS THAT SINCE ITS PROPOSAL WAS IN THE HANDS OF THE FEDERAL GOVERNMENT, THE POSTAL SERVICE, WHICH FAILED TO MAKE TIMELY DELIVERY, ITS PROPOSAL SHOULD BE CONSIDERED.
BAYSHORE'S PROPOSAL WAS PROPERLY REJECTED BY WRMC, SINCE IT WAS NOT RECEIVED AT THE DESIGNATED OFFICE BEFORE THE CLOSING. THE STANDARD SOLICITATION CLAUSE CONCERNING LATE PROPOSALS PERMITS CONSIDERATION OF LATE PROPOSALS SENT BY CERTIFIED OR REGISTERED MAIL AT LEAST 5 DAYS PRIOR TO THE CLOSING DATE FOR RECEIPT OF PROPOSALS OR WHERE THE DELAY IS CAUSED SOLELY BY GOVERNMENT MISHANDLING AFTER RECEIPT AT THE GOVERNMENT INSTALLATION. SEE FEDERAL ACQUISITION REGULATION (FAR), 48 C.F.R. SEC. 52.215-10 (1985). THE FACT THAT THE UNITED STATES POSTAL SERVICE GUARANTEED OVERNIGHT DELIVERY DID NOT RELIEVE BAYSHORE OF ITS OBLIGATION TO ENSURE TIMELY ARRIVAL OF ITS BID, SINCE EXPRESS MAIL IS NOT CONSIDERED THE EQUIVALENT OF REGISTERED OR CERTIFIED MAIL IN THIS CONTEXT. SEE OLYMPIC MILLS CORPORATION, B-218218, MAR. 4, 1985, 85-1 CPD PARA. 273. THUS, THE LATE PROPOSAL DID NOT MEET ANY OF THE EXCEPTIONS IN THE LATE PROPOSAL CLAUSE FOR CONSIDERATION OF LATE PROPOSALS.
THE PROTEST IS DISMISSED.