Kelton Contracting, Inc.

B-262255 Dec 12, 1995 Jump To VIEW DECISION RELATED PAGES GAO CONTACTS Highlights Protest against an agency's acceptance of a late bid is denied where the record establishes that the hand-carried bid was received by the agency prior to the time set for bid opening. The agency's mishandling of the bid after its receipt was the paramount cause for the bid's receipt by the cognizant contracting specialist after the time set for bid opening. The integrity of the procurement system was not compromised by the agency's consideration of the bid. The protester argues that INCA's bid was delivered late and therefore should have been rejected by the agency. CA 94105-2799 The standard form (SF) 1442 included in the IFB provided that bidders were to address their bids to General Services Administration Business Service Center 525 Market Street San Francisco. View Decision Matter of: Kelton Contracting, Inc. File: B-262255 Date: December 12, 1995 Protest against an agency's acceptance of a late bid is denied where the record establishes that the hand-carried bid was received by the agency prior to the time set for bid opening, the agency's mishandling of the bid after its receipt was the paramount cause for the bid's receipt by the cognizant contracting specialist after the time set for bid opening, and the integrity of the procurement system was not compromised by the agency's consideration of the bid. Attorneys DECISION Kelton Contracting, Inc. protests the award of a contract to INCA Contracting Company under invitation for bids (IFB) No. GS-09P-95-KTC-0047, issued by the General Services Administration (GSA) for the removal and replacement of pavements, roadways, driveways, and parking lots at the U.S. Geological Services Complex, Flagstaff, Arizona. The protester argues that INCA's bid was delivered late and therefore should have been rejected by the agency. We deny the protest. The cover to the IFB stated that bid opening would be held at 1 p.m. on July 21, 1995, and immediately thereunder listed the following address: General Services Administration Pacific Service Center Attn: Deborah A. Ford (9PMC) 525 Market Street 30th Fl. San Francisco, CA 94105-2799 The standard form (SF) 1442 included in the IFB provided that bidders were to address their bids to General Services Administration Business Service Center 525 Market Street San Francisco, CA 94105-2799 The solicitation included Federal Acquisition Regulation (FAR) Sec. 52.214-7, "Late Submissions, Modifications, and Withdrawals of Bids," which provides that a bid received at the office designated for bid opening after the specified bid opening time and date but prior to award will not be considered unless: (1) the bid was sent by registered or certified mail no later than 5 calendar days prior to the scheduled bid opening; (2) the bid--only if sent by mail, telegraph or facsimile--was late solely due to government mishandling after timely receipt at the government installation; or (3) the bid was sent by U.S. Postal Service Express Mail Next Day Service-Post Office to Addressee no later than 2 working days prior to the scheduled bid opening date. This provision also states that "[t]he only acceptable evidence to establish the time of receipt at the Government installation is the time/date stamp of that installation on the bid wrapper or other documentary evidence of receipt maintained by the installation." FAR Sec. 52.214-7(e). Four bids were opened at the 1 p.m. bid opening, with Kelton submitting the apparent low bid of $484,600. INCA's bid of $452,087 was not opened at that time because it was not delivered to Ms. Ford, the contracting specialist responsible for conducting the bid opening, until 2:30 p.m. INCA sent its bid by Federal Express to the following address: Deborah A. Ford (9PMC) General Services Administration 30th Floor 525 Market Street San Francisco, CA 94105-2799 INCA's bid was received by the agency at 10:26 a.m. on the date of bid opening. According to the agency, because Ms. Sandy Dale, the GSA employee who normally receives packages delivered by Federal Express, was away from her desk, Ms. Sandy Sitton of GSA signed for INCA's bid, and observed the Federal Express delivery person place the package on Ms. Dale's desk. Ms. Dale, whose normal practice is to immediately deliver Federal Express packages to the addressee, returned to her desk shortly after the delivery was made. However, no one informed her upon her return to her desk that a delivery had been made, and the package containing INCA's bid was no longer on Ms. Dale's desk. According to the agency, the package had erroneously been placed in the agency's Construction Services Branch mail slot. The package was discovered in the mail slot--unopened--by another GSA employee at approximately 2:30 p.m. and was delivered at that time to Ms.