Boines Construction & Equipment Co., Inc., B-279575, June 29,

B-279575 Jun 29, 1998 Jump To VIEW DECISION RELATED PAGES GAO CONTACTS Highlights " 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. 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 Sec. 52.214-5 when using a commercial carrier to deliver a bid. Boines contends that HUD should not have accepted Pierce's late bid. 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. View Decision Matter of: Boines Construction & Equipment Co., Inc. File: B-279575 Date: June 29, 1998 DIGEST Attorneys 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 Sec. 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 Sec. 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 Sec. 52.214-5(b). The IFB also incorporated, on its Standard Form (SF) 33 cover sheet and at L-1, the standard "Late Submissions, Modifications, and Withdrawals of Bids" provision, FAR Sec. 52.214-7, which states, in relevant part, that any bid received at the office designated in the solicitation after the exact time specified for receipt will not be considered unless it is received before award and, if it was hand-carried (including delivery by a commercial carrier), it is determined by the government that the late receipt was due primarily to government mishandling after receipt at the government installation. FAR Sec. 52.214-7(a)(2); see FAR Sec. 14.304-1(a)(2). The IFB's SF 33 cover sheet provided in Item (Block) 9 that sealed bids "will be received at the place specified in Item 8, or if hand-carried, in the depository located in 1600 Throckmorton, Fort Worth, TX until 2:00 PM local time 01-30-98." Item 8 of the SF 33, "ADDRESS OFFER TO (If other than Item 7)" was erroneously filled in as "SAME AS BLOCK 6" ("REQUISITION/PURCHASE NO"), which was blank. Item 7, "ISSUED BY," specified the following office and address: U.S. Dept. of Housing and Urban Development Contracting Division, 6AAC 1600 Throckmorton (76102) Fort Worth, TX 76113-2905 Amendment No. 1 to the IFB, issued January 28, 1998, extended the bid opening date to February 9 at 2 p.m. Six bids were received by the Contracting Division by the time of the February 9 bid opening, including a bid from Boines. No bid from Pierce was received. Immediately before the bid opening, Contracting Division staff contacted the HUD mailroom to determine if any further bids had been received but, according to the agency, "the answer was negative." The agency explains that this inquiry was made because commercial carriers, such as Federal Express, have been instructed to deliver all items addressed to HUD to the mailroom regardless of the person or office at HUD to which the item is addressed. At bid opening, Boines's total bid of $1,196,620 appeared to be the low bid. Shortly after bid opening, a representative from Pierce telephoned the Contracting Division to inquire about the bid opening results, and when told, alerted contracting personnel that Pierce's bid of $1,120,921.16 had apparently been misplaced by the agency.