Weeks Marine, Inc., B-292758, October 16, 2003

B-292758 Oct 16, 2003 Jump To VIEW DECISION RELATED PAGES GAO CONTACTS Highlights DIGEST Agency reasonably accepted late bid where the paramount cause of the late receipt was affirmative misdirection by the agency and where consideration of the late bid did not compromise the integrity of the competitive procurement system. Argues that the bid submitted by Great Lakes was late and should have been rejected because it did not qualify under any of the exceptions to the late bidding rules. The IFB provided that sealed bids were due in original. Or withdrawal received at the Government office designated in the IFB after the exact time specified for receipt of bids is "late" and will not be considered unless it is received before award is made. And- . . . . (ii) There is acceptable evidence to establish that it was received at the Government installation designated for receipt of bids and was under the Government's control prior to the time set for receipt of bids. View Decision Weeks Marine, Inc., B-292758, October 16, 2003 DIGEST Attorneys DECISION Weeks Marine, Inc. protests the decision by the U.S. Army Corps of Engineers to accept the apparent low bid submitted by Great Lakes Dredge & Dock Company under invitation for bids (IFB) No. DACW51-03-B-0013, issued for the Maintenance Dredging Shinnecock Inlet Interim Beach Nourishment Project. Weeks, the second low bidder, argues that the bid submitted by Great Lakes was late and should have been rejected because it did not qualify under any of the exceptions to the late bidding rules. We deny the protest. The IFB provided that sealed bids were due in original, with one copy, "at the place specified in Item 8 by 11:00 AM local time" on August 22, 2003. /1/ IFB, Standard Form 1442, Item 13.A. Item 8 designated the place for receipt of bids as: OPS-Support-MGT Support 26 Federal Plaza, Room 1934 New York, NY 10278. The IFB also incorporated, by reference, Federal Acquisition Regulation (FAR) Sec. 52.214-7, entitled "Late submissions, modifications, and withdrawals of bids," which, as relevant here, states: Any bid, modification, or withdrawal received at the Government office designated in the IFB after the exact time specified for receipt of bids is "late" and will not be considered unless it is received before award is made, the Contracting Officer determines that accepting the late bid would not unduly delay the acquisition; and- . . . . (ii) There is acceptable evidence to establish that it was received at the Government installation designated for receipt of bids and was under the Government's control prior to the time set for receipt of bids. As explained by the agency, on the day scheduled for bid opening, approximately 10 minutes before the 11:00 a.m. bid opening time, Great Lakes' representative, Andrew Inglis, arrived on the 19th floor of 26 Federal Plaza, with Great Lakes' bid in hand. Unable to immediately locate Room 1934, at approximately 10:55, Mr. Inglis obtained directions to Room 1934 from Jovencio Cariaga (a Corps employee) who was standing in the hallway. See Declaration of Andrew Inglis, Aug. 24, 2003; Contracting Officer's Report ("CO Report"), Tab C, Memorandum for the Record by Jovencio Cariaga, Aug. 22, 2003. Based on Mr. Cariaga's directions, Mr. Inglis proceeded to Room 1934, which is also identified as Room 1936 (number 1934 is listed on top of the doorframe, while number 1936 appears at the side of the doorframe). In Room 1934/1936, Mr. Inglis encountered two Corps employees (Milagros Alexoudis and Wedad Youssef) and told them that he had a bid to deliver to Room 1934. Ms. Alexoudis observed Mr. Inglis holding what appeared to be a bid package and informed him that bids are usually received on the 18th floor and that he should go there to deliver his package. Ms. Youssef also told Mr. Inglis that he should go to the 18th floor. Ms. Alexoudis noted the time of the conversation to be approximately 10:55 a.m. See Inglis Declaration, supra; CO Report, Tab D, Memorandum for the Record by Milagros Alexoudis, Aug. 22, 2003, and Tab E, statement of Wedad Youssef, Aug. 27, 2003. As explained in his declaration, Mr. Inglis then proceeded immediately to the 18th floor where he saw a sign indicating that the bid opening for the Shinnecock project was in Room 1841. Running down the hall, he located Room 1841 and tried to open the door but found that it was locked. After knocking, someone opened the door and Mr. Inglis entered the room. In Room 1841, at exactly 11:00 am (according to the official bid opening clock), Ina Ohrwashel, the bid opening officer for the Shinnecock project, announced: "It is now 11:00 and we shall proceed with the opening of bids." CO Report at 2; CO Report, Tab I, Memorandum for the Record by Ina J. Ohrwashel, Aug. 22, 2003. Jesse Arrington, the Corps employee responsible for collecting bids prior to bid opening, then closed and locked the glass door to Room 1841.