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B-186390 1 (1976-08-17)

handle is hein.gao/gaobaddhp0001 and id is 1 raw text is: K /~2 CF~7[A 'a U i 1 'iWE ' GT, r WASHINGTON, D.C. 2O5~e40 FILE: B-186390 DATE: August 17, 1976 MATTER OF: Frequency Engineering Laboratories DIGEST: Where late bid sent certified mail 3 days before bid opening was received at Government installation by 9:30 a.m. on bid opening day, but was not delivered to bid opening room until after 10:30 a.m., time set for bid opening, because of heavy mail load and because only two of four mail sorters were on duty, bid was mishandled by Government after receipt at installation and may be considered for award. Frequency Engineering Laboratories (FEL) protests a determi- nation by a contracting officer of the Navy Ships Parts Control Center (SPCC), M1echanicsburg, Pennsylvania, that a bid submitted by Artisan Electronics Corporation (Artisan) in response to a solicitation to furnish ten umbilical adapters may be considered for award even though it was received in the bid opening roon after the time set for bid opening. By letter dated April 21 FEL filed a protest with this Office against that determination and the proposed award of the contract to Artisan, whose bid was one dollar per unit lower than FEL's. FEL contends that the bid may not be considered because it was not sent by registered or certified mail not later than the fifth calendar day prior to bid opening, citing Armed Services Procurement Regulation (ASPR) § 7-2002.2(a)(i) (1975 ed.). Invitation for bids (IFB) number N00104-76-B-0614 was issued on March 11, 1976. Bid opening was scheduled for April 12 at 10:30 a.m., and only FEL's hand-carried bid was received by that time. Artisan's bid, which had been sent by certified mail from Parsippany, New Jersey, on April 9-was not delivered .to the bid opening room until 10:33 a.m. The record discloses that, in accordance with established SPCC procedures, the SPCC mail truck - 1 -

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