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B-189739 1 (1977-10-25)

handle is hein.gao/gaobadfgs0001 and id is 1 raw text is: illII Pa THECOMPTR4CLLER CENERAL DECISION . .. O THE UNITED *TATEU WAUMINGTON0 D. c. E045 4-4FILE: B489739 DATE: October 25, 1977 MATTER OF: Instrumentation and Mechanical Systems, Inc. DIGEST: Late bid sent by regultr mail may notbe considered because there is no documentary evidence available to indicate when.bid initially was received kt Govern- ment installation and in the absence thereof it cannot be determihed whether bid's late receipt in bid opening office was due to Government mishandling. Instrumentation and Mechani6l Systems, Inc. (IMS) protests the rejection of its' bid as late'by the Corps of Engineers, Los Angeles District (Corps). IMS maintains that its bid'Mhiuld have been considered because late receipt was due to mishandling at the installation. IMS contends that the rejection of its .bid was arbitrary and capricious thereby entitlin; the firm to bid prparation costs. Invitation for bids (IFB) DACWO9-77-B-0016 was issued on April'14, 1977, witha scheduled bid opening time of 1:00 p. m. on May11, 1977. The IMS envelbjie which contaliedlhfirm's bid was disccvered at, approxirmately 1:1'p. m. in the inconifg mail-basket In th Procurement and Supply Division, the office responsible for receipt of bi'ds. The letter had been sent by ordinary mail and had been opened prior to its receipt by the Procurement and Supply Division. The ageiicy report states that the Coris' lmail is reguilarlyipi'cked up at the P6it Office at approximat0ly 10:00 a.m. and 12:00 noon.. The Post Office is located on the first floor of the Federal building and the Corps' offices are on the sixth floor. An affidavit of the mail clerk who picked up the mail at 12 noon indicates that: M* * * i taridard practice is that when I come upon an envelope miarked as a ' Bid,' I immediately date and time stamp it and per- sonally deliver it to the Bid Opening Officer in the Procurement and Suppl,' Division Office, some 250 feet and 45 seconds down the corridor. All other mail is sorted, but not date or time stamped. .-1

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