Matter of: Ironhorse Ltd. File: B-256582 Date: March 4, 1994 94-1 CPD Para. 176
Highlights
Was received late by the agency because of adverse weather conditions. The bids were opened at 1:00 p.m. Was rejected by the Army. Because "[t]he late arrival of [its] bid was not the result of negligence on the part of Ironhorse or Federal Express. Was caused by an Act of God.". It is the bidder's responsibility to assure timely receipt of its bid. The bidder must bear the responsibility of the late arrival of its bid unless the specific conditions set forth in the Federal Acquisition Regulation (FAR) for consideration of late bids are met. These rules permit the consideration of late bids which were sent by certified or registered mail at least five days prior to bid opening. Or where the sole or paramount cause of late receipt is Government mishandling after receipt at the government installation.
Matter of: Ironhorse Ltd. File: B-256582 Date: March 4, 1994 94-1 CPD Para. 176
PROCUREMENT Sealed Bidding Bids Late submission Rejection Propriety Agency properly rejected bid as late under an invitation for bids where the bid, delivered by a commercial carrier, was received late by the agency because of adverse weather conditions.
Attorneys
DECISION
We dismiss the protest.
Ironhorse sent its bid by Federal Express on February 10, and attributes Federal Express's failure to deliver the bid until after bid opening to severe weather. The protester argues that its late bid should be accepted by the agency, because "[t]he late arrival of [its] bid was not the result of negligence on the part of Ironhorse or Federal Express, but was caused by an Act of God."
It is the bidder's responsibility to assure timely receipt of its bid, and the bidder must bear the responsibility of the late arrival of its bid unless the specific conditions set forth in the Federal Acquisition Regulation (FAR) for consideration of late bids are met. Orange Shipbuilding Co., Inc., B-230285, March 9, 1988, 88-1 CPD Para. 246. These rules permit the consideration of late bids which were sent by certified or registered mail at least five days prior to bid opening, or sent by U.S. Postal Service Express Mail Next Day Service not later than 5:00 p.m. at least two working days prior to the bid opening, or where the sole or paramount cause of late receipt is Government mishandling after receipt at the government installation. FAR Sec. 14.304-1.
Ironhorse's bid was not sent by certified, registered, or U.S. Postal Service Express Mail, and the severe weather that Ironhorse asserts was responsible for the late submission of its bid is not a reason that would permit the acceptance of its late bid. Orange Shipbuilding Co., Inc., supra; FAR Sec. 14.304-1.
The protest is dismissed.