Mailed in your bid?

If it’s in the agency mailroom on time it still may be late

A Navy contractor learned the hard way that delivering a bid to a government mail-sorting depot by deadline was not good enough.

The Government Accountability Office ruled that the proposal did not arrive at its required final destination on time and the contracting officer was justified in rejecting it as late.

The GAO denied a bid protest from the disappointed bidder in the Nov. 7 decision (Brian X. Scott).

The solicitation stated that proposals were to be delivered to the Military Sealift Command offices at the Washington (DC) Navy Yard by 2 p.m. on July 30. The RFP warned that bidders would be responsible for all mailing delays.

The contractor sent his proposal at 5 p.m. July 29 via USPS Priority Mail Express.It was received at a Navy mail sorting facility at 2:09 pm on July 30, GAO said.

The package arrived at the Navy Yard offices at 11 am on July 31, and was rejected as late.

The protester claimed his package arrived at the depot at 12:10 p.m. on July 30 and should have been accepted. But the GAO said even if that was the case, it was not at its required destination.

The contractor also claimed it was unfair that the mail sent through DHL, FedEx and UPS were delivered directly to the Navy Yard without being held at the depot. The GAO did not deny that, but it said it was covered by the warning.

Amanda Wilwert, government contracts attorney, wrote in a blog entry that the GAO “reaffirmed long-standing precedent” in the decision.

More information: GAO decision: http://www.gao.gov/assets/670/666839.pdf
Wilwert blog: http://goo.gl/n6w1rg

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