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B-202729 1 (1981-04-27)

handle is hein.gao/gaobabjcp0001 and id is 1 raw text is: sr y// UNITED STATES GENERAL ACCOUNTING OFFICE , WASHINGTON, D.C. 20548 OriCE OF GENERAL COUNSEL April 27, 1981 B- 202729 7/ 3 r la&~ The Honorable Jake Garn -. United States Senate Dear Senator Garn: 4*c We refer to your inquiry on behalf of R. B. Garner, President of Mountain States Security and Investigation, Inc., concerning the Internal Revenue Service's rejection of that firm's bid as late under a solicitation to provide security services for the Ogden, Utah IRS facility. Mr. Garner believes the Mountain States' bid should be con- sidered because the late submission was due to foggy con- ditions at Washington's National Airport which he asserts prevented a timely delivery of the bid by Federal Express. Mr. Garner believes this Act of God excuses the late delivery under a theory of tort (negligence) law. We do not agree. The legal principles governing the submission of bids in federal procurements are those concerned with federal procurement law, not those associated with the law of negli- gence. Under federal procurement law, unless there has been some improper Government action which causes late delivery, late bids may not be accepted unless they meet the condi- tions of the late bid clause normally included in every federal solicitation. That clause does not permit the acceptance of a late hand-carried bid (delivery by a carrier other than the Postal Service is considered to be a hand- carried bid) under any circumstance, unless it was the only bid received. Thus, unforeseen circumstances, such as an Act of God, would not permit acceptance of a late hand-carried bid.

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