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B-279575 1 (1998-06-29)

handle is hein.gao/gaocrptahsx0001 and id is 1 raw text is: oComptroller General of the United States Washington, D.C. 20548 Decision Matter of: Boines Construction & Equipment Co., Inc. File: B-279575 Date: June 29, 1998 John I. Hulse IV, Esq., Hulse & Wanek, for the protester. Jud E. McNatt, Esq., Department of Housing and Urban Development, for the agency. Adam Vodraska, Esq., and James A. Spangenberg, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST Bid in an envelope marked BID ENCLOSED, which was hand-carried by commercial carrier to the contracting agency's mailroom several hours before bid opening but was not received by the contracting office where the bid depository was located until after bid opening, was late and not properly accepted for award; rather than government mishandling being the primary or paramount cause of the lateness, the mailroom's routing of the bid to another office in the same building that also handles bids was attributable to the bidder's failure to mark its commercial carrier-provided envelope as required by Federal Acquisition Regulation § 52.214-5 when using a commercial carrier to deliver a bid. DECISION Boines Construction & Equipment Co., Inc. protests the award of a contract to Pierce Foundations, Inc. under invitation for bids (IFB) No. B-FTW-00041, issued by the Department of Housing and Urban Development (HUD), Fort Worth, Texas, for demolition of vacant buildings and related site work at the Hillcrest Homes Apartments public housing project in Larose, Raceland, and Thibodaux, Louisiana. Boines contends that HUD should not have accepted Pierce's late bid. We sustain the protest. The IFB, issued December 30, 1997, incorporated by reference at L-1 the standard Submission of Bids provision, FAR § 52.214-5, which instructs bidders to submit bids in sealed envelopes or packages (1) addressed to the office specified in the solicitation and (2) showing the time and date specified for receipt, the solicitation number, and the name and address of the bidder. FAR § 52.214-5(a)(1), (2). The provision states that bidders using commercial carrier services shall ensure that the bid is addressed and marked on the outermost envelope or wrapper as prescribed above when delivered to the office specified in the solicitation. FAR § 52.214-5(b).

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