HomeMy WebLinkAbout20-Finance
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W .D 16 All :03
June 16. 1987
City Clerk
City Of San Bernardino
300 North "D" Street
San Bernardino. CA
** HAND DELIVERED **
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Subject: Bid No. F-87-38
Date Of Opening - June 10, 19B7
Gentlemen:
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This is to protest and challenge the rejection of our bid for office
furniture, Bid No. F-B7-3B.
We request a hearing to be scheduled as soon as possible so that we can
bring our full case to the City Counsil.
A few of the points which we intend to raise:
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1. The fact this bid was restrictive in nature and was not geared
for a furniture bid, but rather for a construction type bid.
2. The problems we encountered in getting a bid bond. and the
fact that our bid bond company who had previously insured us
for a $l.BOO.OOO.OO bid for the State Of California. has
recently gone out of the bid bond business.
3. The difficulty in getting to the proper building place to
present our bid.
4. The fact that the criteria and product specification is actually
centered around our product.
5. The economic impact on the City and County Of San Bernardino:
The fact that we are the only company which manufacturers furniture
in the County Of San Bernardino unlike other vendors who manufacture
in the State Of Michigan or Indiana.
Thank you for your attention to this matter, and your scheduling a hearing is
greatly appreciated.
AS ECTS INC.
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Pred!! ky '\
RGZ:dar
Office Systems
Store Systems
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<J:rrV OF SAN BEReARDINO 0- MEMORANDU~
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To
Dean R. Meech, Purchasing Agent
From
Susan Gaddy
Purchasing Clerk
June 23. 1987
Subject
Rejection of (2) late bids
Date
Approved
Dale
Reference:
Bid Spec: F-87-38
Bid Opening Date:
Modular Furniture
Wednesday. June 10. 1987 at 10:00 a.m.
Our bid box is closed officially as specified in our general specifications -
Item #25 which clearly states: "ANY BID RECEIVED AFTER TfjE TIME AND DATE
SPECIFIED SHALL NOT BE CONSIDERED."
Date and time of bid opening is indicated on our cover sheet which is
called Notice Inviting Bids as well as Item #25 on our general specifications.
At approximately 9:30 a.m. Wednesday, June 10. 1987 I received a call from
McMahn Furniture saying that beyond his control he had a personnel problem that
morning and he was presently in Santa Ana and he was calling to inquire if we
would allow him one to one and a half hours to bring his bid in (because of
where he was at - Santa Ana). I told you, Dean, of the gent1emans circumstances
and you told me to tell him that we were sorry, but we cannot accept late bids.
Then at approximately 10:30 a.m. two gentlemen with Aspects walked into my office
stating they have a late bid for the modular furniture - bid spec: F-87-38 that
opened at 10:00 a.m.. They had indicated to me that they had several errands to
run that morning and this is what had made them late for the bid opening.
I proceeded to tell them that their bid was thirty minutes late and that we could
not accept it. The gentlemen from Aspects proceeded to inquire if they could
talk with Dean and I inquired why. They said the bid spec's had been written
around their furniture and they wanted to turn their bid in. I proceeded to
show and explain our bid opening procedures and deadline cutoff procedures. I
also explained this was the reason for our office to have a date and time stamp
for all bids received prior to bid opening deadline. I also explained to these
gentlemen that another gentlemen had phoned thirty minutes prior to bid opening
indicating that he would be late and we had to deny his request also. So in all
fairness, we could not accept any late bids as our general specifications so
indicate.
.. ;" . Susan Gaddy
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BURN A, RD IN () 300 Non III .'0" srllfET. SAN I1EIlNAlllJ"Hl. C.\L1FOHNIA 924180151
WARREN A KNUDSON
Director of Fin,]Ilcr!
"It IAlJCE DEPARTMENT
TROY MINNING
Assistant Director of Finance
,\, llllilli~ II iIliVI.! Divlsloll
^ITOlllllil1q Division
I f!1f~1.llone: 383-52-12
DEAN R. MEECH
Purchasing Agent
Purr-hosing & Stores Division
?~jlJ W!~'il ClllSIp.r
~,1I1 n'~rlldrdiIlO 92t108
It'll'lltlnrle: 383-5085
NonCE INVITINI; BillS
SI'EClFICATlON NUMBER
F-1l7~J(l
Notice is hereby given that the City of San Bernardino will receive bids for:
The furnishing 3"d delivering of Modular Furniture
There will be a $15.00 "on-refu"dable fee payable to the City of Sa" Bernardino
for each set of specifications obtained.
There will be a mandatory bidders conference on Wed"esday, May 20th, 1987 at
9:30 A.M. at the City Hall, 300 N. "0" St., Council Chambet"s, San Bernardino. A
mandatory site review will follow beginning at 11:30 A.M.
in accordance with Specificatio" No. F-87 - 38 , on file i" the office of the Purchasing Agent,
250 West C1uskr Stll'et, San Rernar(jili(~:-l';iifl;rili; 92.\08. Dl'liver all bids to the office or the
Purchasing Agl'nl by 1000 a.m.,. _ We~l"esday. ,June H!t!!. 19B1. . ____....____ __. where at
said place and lime said bids will be publicly opened, examined allll declared. Obtain all information
relative to specification requirements. Plllehasing procedures, and inf"rmation relating 10 bonds
rrom the officl' of the PUlchasing Agent.
IJFAN 1(, ~IFI'l'1I
Purchasing Agent
Dated: ____IIPri I 22, 1987
Notice tu advertise. Spec. No.
F-87-38
FilS! issue shall appear 011 or hellO'" _ 04/29/8Z
IIV Susan Gaddy
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N/A
[J~/22/87_
Second issuc sl\:11I appear Hol laler thall
.~." ""'''E IN Pll "(.,,.,,";
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Specilic:llitlll No,
F-87-~~n-o
FlIHNISIIINI; ANIl IlEI.IVEIUN(; OF
~l () IJ II L 1\ R
r U Il N I I II Il I:
FOR
'IIII' CITY Of SAN IlEHNAIWINO, CALIFORNIA
NOTICE TO IlIDOERS
It is not the intent to TlIle out or eliminate any prospectiw hillder or llI:lIll1fadmcr. If thC' product you in'cnd to bid does not
Coml)ly with the spccil'icatiolls as wlilfcn. yuu al-e instructed to :tHadl to y"ur bid prol'usal a complete itemization and
explanation. The City or Sail Hernardino may, at its own discretiul1, consider or dcny allY dc\'iatiun and IlUrchase the
elluipment which best suits its intended usage. The bidder shall IIlll plll puscly hid cquil'lIIcnl of a lesser quality, which
requires deviation frOIl1 the spcdlkaliolls, if the bidder call fumish equipment which will cOlllply with the minimum
specificalions.
It Is the intent uf these specificatiolls tll cliver the lurnishing ami delh'eril1g to the ('il>, of San Bernardino complete
equipment ready for use and full>, equipped as hcreinafter mentioned, wilh a view 10 obtaining the best lesults and the most
acceptable equipment for sCTvice (0 the City of San BClllardino. These sperilkatiolls covel ~cl1cr;11 requirements as to the
type of construction to whkh the ikllls lIlust cllnlorlll, together wilh certain df'I~Jils as to Hnish, equipmcnt and appliances
with which the stlccessful bidder IIIIISI cOlIl"ulIlI, Millor dt.:tails of ctlllSlruclitlTl allll lIIi1h'rials, whew lIot otherwise specil1ed,
are left to the discretion of the lIlallllladUlcr. who shall be s(llcl>, responsiblc lor lhe dl'..i~1I nnd cOllstruction of all features.
The equipment shall be the latest type 10 Sllit the naturc 01 the senke which the equiplllcllt must pelluUlI it accepted.
GFNFIlAL SI'EClnCA lIONS
I. Each bid shall be in accordall"" with Specification N". -E::!l1:<38____ . All spedficali"", ale lIIilli 11I11 III. Didders are
expected to meet or exceed thcse specifications as written, biddcr sh311 attach 10 hit! prolH1sal a cOlllpll'te dctailed itemization
and explanation for each and evcry deviation or V:Hi:JliOTl fH'11I these spcdliratitlTl~, ('lllldilional bids. or those which take
exception to the specifications, ilIa)' he cllllsidelcd Ilolllespllusivc and lIIay be Icjt'rtcll,
2. The City of San Uernardino Icscrvc:s the right to accept or rC,icct an}' alld all bids and 10 award a contract to the bidder
who best meets City rcquireTllents, This llIay include waiver of minor irrc~ularitks or disclepanrics, or flonconformity to
specilicatiol1s in appropriate ChCIIIllstallt.:t:"s. Purchase shall be on a hest buy hao;:is aller due cOllsidclatioll of all relevant
fadars. including, but Ilot lilllilcd to, wOlklllanship, accessibility III palls and servkl:, knowlI evidence of manufacturer's
responsibility and recOld, dllrability and knowu operational rc(;old uf I'rouUd, pricc 01' 11I(lllllcl and suitability and
conformity to City needs and rcqllilemcnts.
3. The City of San Bernardillo leserves the ri~"t tu pUlchasc more or less lhan the quantilics spccilied, at unit prices bid.
4. Bids shall be firm offers, subjcct to acceptance ur l('jccliol1 within turty-live (.15) days lIf the opening thereof.
5. No bidder shall bc acceptahle wl10 is nllt a reputable maltuladlllcr 01 dealer of slIch itel1\s <IS 511blllilled for bid
consideration.
6. All materials. workmanship <1IHJ lillish cntering into the COllstruclion 01 the cquipTlll'nt IlIW,1 be of the best of these
respective kinds and TIlIISt cOlllol1ll tel the cl1;lIartcr Ilf the equipmt'nt i1nrlthc ~elvke Illl which it i" intcnded to be used
and shall be produced hy IIS(, 01 CIII/cnt IllaTlllraclll1ill~ pltlccsses. "Sc'cll'Hls", !adol}' Ic~jecls allll slI!JslaIHI;lId goods are not
acceptable.
7. Each bidder sll:11I suhlllit with Ids bid a C(lp~' 01 his IHopn'WII plf1dllct SI';'('ili':lli/1lls. l'llllll'klr' {j,.tailed drawings, and
other des<.:lipliw IlIalln ill slIllki('1l1 d\'l:lillo ['1e;1I1\' (ksl'lihl~ Ilw t'qlliplWIII. 1I1'1k1LtI" :1lIc1 1',111': lllll'll'd
8, Manuladurcr audIO! Ltlllll:ICllll ~:h;dl ddl.'lId allY and all suils ""11 a~"lIl1\l' :dlli:ll'ilil} 1111 :111\ :llld all d:1illls made against
(he City of San BCII1:llllino, or :111\' {If its {lllidals or ;\('Cllts lor the lISt' 01 ;1I1~ I'alcllted !,I\lecse:. dl'\'k(' or article forming a
part ofcquiplllcnt Ilr <Ill\' il('lIllllllli~hl'd lIulln I Ill' ('llllll;ld
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Spcdlicalillll Nil.
F-87::-~8_0
Each blddcor ~hall stale ill his hid '''\llll)Sal lIu: ~1l:1I:llllecd dale' (II ddivc'l r ill 1l11llllwl of c:lIl'lId:1I days 11011I tile dBtc of
cunlract execution by the City ul Sail Bernardino. titllC Is of the CSSCIlt,:C Icbtivc 10 Ihis {,:llllflacl. Successful bidder
(contraclor) shallprose""le the work wlItilluollsly alld diligently and shall deliver the bid itelfls at the ear/ieslpossible dale
following the award of the conlr:ld.
10. Each bidder shaUlis! in his bid jlrnposal all lactor}"1ll3nulacturc,'s and/or dc:.lln's warralll}' alld gUill:lllfcc coverage and
shaH submit such written OoclJlIlcnls evid~I}(:illg the sallie alL.lchcu to the bid propos:.!!.
II. Successful bidder sll:lll furnish and dcliwr to the City of San UCII1:lIdinu COlllp1ctc equipment as hid allll awarded, ready
for inslallation and fully eqnipped as detailed in Ihese spedlications.
12. Price shall be qnoted F.O.B. Sail Ilelll"dino (all transportation charges fully prepaid). aud sliall include all discounts.
Hid shall include California sales tax COlllputcu at the ratc of six percellt ((l',T).
13. City ~hall make paymenl by cash williin tliirty (30) da}"s ailer complete delivery and acceplauce of the specified items
by Ihe City of San Bernardinu and receipt of bidder's prked invoice.
14. All "standard equiplllcnl" is illdudt.:d ill all}' hid. Bitldt'I5 lurnisl1illg plOptl.~:ds lIuder 11it'~c sl'edliC:lliflllS shall supply all
items advertised as "standard" cquiplllcnt CVCII if slIch ilems arc not slipuJated ill the spcdlkaliol1s, unless otherwise clearly
excepled in bids.
IS. The Hems which the bidder plOpt1Sl'S to flUllish to lile ('it}' of Sail Iklll:Jldino 11111'" clIlIlply ill alllf:spcc.:ts with the
appropriate safety reguhltiolls of all Tl'gubtory ClllllIUissiollS of the Federal (;(l\,ClIllIlCllt :I11t1lhe Slak 01 California, whether
such safety features and/or itellls of cquiplllcnl have been specifically outlined ill lhcs~ specific.IUulIS or IIOt.
16. Successful bidder delivering equipment pmslIant to tl1ese spedlkatiolls shall gualantee lliat equiplllent lIIeets specifica-
tions as sel forth herein. If it is lound llial equipment delivered due, not meel requirenlents 01 lliese specifications Ihe
successful bidder shall be reqllired to curreci tlie same all,i, o\\'u eXl'en,e.
17. By submitting a bid, each bidder agrees thaI ill the cvent completc delivery is not lIlade wilhin Illt~ lilllc or times set forth
pursuant ((l this speciJh:Jtioll, damage will he susl:Jincd hy the Cily, Jnd that it is :111<1 will be illlllladkal and extremely
difficult to ascertain and deterllline Ihe aelual damage which the Cily will slIslalJl in (he eVl'nt of alld by reason of such
delay. Therefure. il is agreed llie su"cc"lul bidder shallpa}' to llie City a, lixed and liquidated damage,. and uot as a penally,
a dollar slim in the alllount of $ 100.00 dllllals per unit per ralC'lIdi'H day lor Pilch alld ('vel" calendar clay's delay in
making delivery in excess of the lillle lIr lillles slll'dlied, AllY biddel helieving li'luidalcd d:lll1ap,l's should hc ill a lesser amount
may so specify as an alternative bid, which the City lIlay al.:cept III lcjecl. Any tlalllagt:s !'(J illcmrrd III:!}' he deducted by the
City from Ihe purchase price at tilllC PI" paymcnt. III the evcllt the successful bidller fails 10 II1:d~c COlJlfllet(' delivery of items
as specified. bid and awarded, within tell calcudar <ta} c; of lhe spccilicd ((\Illlad ddivL'IY 11:11('. III(' ('itv shall hav{' the right to
terminale the contract without heing liable to Ihe clIllllildur :11111 aC<llIbe said bid ilellls :IS IIJ,' ('ily t1I'CIIIS appropriate. Time
is of Ihe essence,
lB. In case Ihe delivclY of the ilc'lll" 11lHkr Ihis cOlltrad is d.~layell dll" 10 sldl:t's, in,illllcliPII'\, ",PVI'IIlIlit'1I1 controls, or by
reason of allY calise or CilclIIIISlalll'L' beyoud lhe Ctlll(ro! 01 the Clllllr:u:tor. the lilliI.' IIlI deliwl\' IIl:l." Ill' ndcndcd (in City's
sole discrelion) by a nllmber (If days 10 he dcterllliJlcJ in l'ach illstallL"'~ hy IIIl1tllal wlilten agll'l'11It.'1I1 between the successful
bidder and the purchasing agent of the City of San Uem:llJino, Califulllia. City shall not IIll1easonablv (eluse such extension.
19. Each bid will be submitted and recci.....ed wilh thc 1I1l.IeTslalldillg that the acceptance hy llle ('ily of Sail Belnardino of the
bid to furnish and deliver s(1cdlied ill'llIs desl.:rih~d hCldll shall constitute a Cllllliacl hcl\\'t:('Jl lIlt' ~lI(l"r.'''sful hidder and the
City which shall bind the slIccessJul hiddl~r tin his pail to furnish alll.! delivcr at the plices (Gid) givell auu in accordance with
provisions ofSpecificaliun No. F-87-38
20. Prohibited Interest. No IIICIIII1':I, Ill/icel, or ('1I1('I(I)'<<'r of Ihe City or 01 :IIlY ap,cllt')' of ('ily dtl'hW his ICHure or for olle
year thereafter shall have any illtCit~sl, dilect or ilJdilt'c1 in this cOlllrad tH the Illucl'eds lh'~l(,tlf. hlllhellllOle, the parties
hereto covenant and agree that 10 Iheir knowledge 110 hoard mrlllhcr, ollierl, or cllIl'ltI}'ce of 111f~ City lias any interest,
whether contractual. lIonclllltl;Jclllal. lin:ll1rial Of fl(hclwj<;:c, in this lr:III":1ctitlll, I'r ill lire hllSill('"'' cd the cOlltlacting party
olher than lhe City, and Ihat if any SIKh illll'rl'sl cOll1es 10 Ihe klltlwkdf'.c uf eilhl~r parly al allY IiIlH.', a lull and COlllplcte
disclosure of all such infoTtllaliOl1 will be lI1ade in wlitillP 10 the otllel p:lltr or p:lltic<;, ('\'('11 it !'uch inlerest would not be
considered a conflict of intcre~I tinder Article '~(C(1111111l'I1l.'ill{! wilh Sl'cli"lI lO!lUI 01 (\,lidr' .Ih fnllllllll'lIcillg wilh Section
1120) of Divi!iion 4 of Title luf I he (;lIVCllllllt'111 ('ode 01 I he Sl ale of {'alilc lIlIi:l.
21. These spedlkatilllls, tile- Jlnliee iJl\ili.lIg bid.'i. Ibe Cllllllactur's hiel flcofll1S:ll. Illl~ Wlillt:lI "l!ll'\'lIll'lll ("<t'cuted by the
parties, all clOCUI1~ellts refcHed tll ill Ihe rnlllplele sjll'ciliralit11l!\ :lnd allllttldilic'alitJlIs (>f s:.id dllCUlIH'llfs !'hall he construed
together as one doclIlllenl, ^lIylhillg caliI'd lur ill all)" PII\' (If <;aid <hlCllIlICllt" "Iulllw dCl'1I11'd 10 hi' lequiled equally as if
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Slll'cilic;lli111l t-JO
F-87-38
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called for in all. AnYlllilll! IIt'Cl'S~;llr 10 CUlllpktc Ihe \\':(llk JlltlJlt'dv "IJall he 1'(,llollllt'd 11\" 11h' clIlllladol, whether specifically
set our in the contract 01 1101 All sectillllS ill Ihe SIlt'dJicaljplIs shall 111' It:ad alld illlclllH~/I'd :IS clIlIslillllillr, a whole and lIot
as an aggregation of individllaljl;lIls, and \vhalt:~"t'r is sped/iell ill Pili' .sCl"liI11l sh:dl "C~ l"ilJl<;fIIII'd :IS :Ippl\'ing to all sections.
22. The City of Sail Bcrnaldino resl'IVL'S the right III accl'pt or feject allY alld all hids.
23. Each bidder may stipulate in his hid pW(lo'\:d a percentage plCl1ll111 1':1) Jlll'lIl dis('(ltllll III II(' l:tk('1l h}' the City in 'he
event City makes pa}'llIcllt to COllllal.:!or withill leu (101 \\'olking davs III H'('l'il'l Or'llalcli:t1 and approval of invoice. For the
purpose of this provision, paymcnt is lJeclllcd tll be I!lade Oil the l!;J(e of lIIailing of the City check.
24. Refer all inquiries regarding this hid 10
UEAN R. MEECH. PURCHASING AGENr
(714) 383-5085.
25. No bid will be acceplable IIl1less it is made Oil Ihe proposal form lurllished by the ('ilv hetcill. Deliver all bids, signed
and sealed, to the office of Ihe Pllrchasing Agellt. 250 \Vesl ChISler Slreet. Sail Ilcmardino. ('alifornia 92408 with the
specification title and nlllnfler dearly 1I1:lIked till the Olllsidc IIf the cll\'t'lopc. All bitls IIll1sl Ill' leI ,.iI'!'11 inlhe office or the
PUlchasing Agent by IlJ:110 a.lI\. WEU"ESUAY. JUNE 10th 1987 \Vhere 'II said "Ia,. ,,,Ilillle said bids will be
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publicly opened, examined and declared. AllY hid lIIay be '....illHlrawn plior to the ahov(' schc{It.: IlIle lor the opening of
bids. Any bid received alter the tilllC anll dale spcdlied shallllot he l'tll1sitll'lt,tI.
26. The City of Sail Hern:lIdilltl II'St'IVt'S the light al its own disCll'lioll 10 aW:lld sepal ate C\lllllads It)) each category or
award one contract for furnishing and delivering of all equipllIcnt in all categories.
27. Successful bidder shall be required to lurnish, Olle (I) Operators ~lallual. oue (I) ParIs ~1:lIIl1allor c'l"iplllent bid.
28. In submitting a bid 10 a public pllrchasing hody, the bidder ollcrs aud aglees that if Ihe hid is acrepled, it will assign
to the purchasing body all righlS, tille. alld inleresl in aud 10 all canses of aclion illllay Irare II11d", Section 4 of the Clayton
Act (U.S.C. Sec. 15) or under tile (':lIhvlight Ad (( 'h:lptcr 2, C(lllllllt'lIdllg wilh Sectillll l(l/Utl, 01 Palt 2olIJivisioll 7 of the
Business and Professiolls <;odc), arising hom purchases 01 goods. 11Ialcdals, or ~crvicl's by Ihe hiddcr for sale to the purchasing
body pursuant to the bid. Sueh assiglllllcUI shall he lIIade alld becollle elleelil'e al the lillle Ihe purchasing hody tenders final
payment to the bidder.
29. Did Bond. No bid \vill be accepted unless it is I!lade 011 a proposal lorlll IUl'IlisheJ hy the ('ify. All hills or pflJposals
shall be signed, scaled and ,It,:colllpanied by a cashier's check. cash. ccrtilil'u check or hid bond madC' payahle to the City of
San Bernardino in the alllOUJlt of al least tell percelll (10%) of the (otal hid. SlIdl SI'Clllil," sh:dllw applied 10 or be remitted
to the City of San Helllardino. as liqllidaled d:IIIl:l'~I~S, should lht~ hidtll'l 10 \\!t01l1 ItlC' ('llllllad i'; :lw:lldrd lail to enter into
the contr:u.:t. All honds Jlllnishcd plllSlIall1 ttlthis lIotice IJlllsl hc Illltlel\VlillL'1I hy a SlIll:lr 1'[\lllpall}'.II:1vill~ a lating ill nest's
most recent insurance guide or" A" (I( bel ter.
30. Faithful Performance Bond. The successful bidder l'lill be r'equired to furnish
a cashier's check, cash, certified check or faithful performance bond make payable
to the City of San Bernardino in the amount of one hundred percent (100%) of t~e
total bid to insure the contractor's faithful performance of the c~ntract. Sald
surety shall be subject to the approval of the City of San BernardIno, ~ond~ sh~ll
be in accordance with Ordinance No. 821. Section 2400, and the cOI'poratlOn lssulng
said bond shall have a I'ating in Best's most recent insurance guide of "^" or better.
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8. Failure or Bidder to Submit Bid on or Before the
Time Specified in Specifications. It is the generc
rule that the failure of a bidder to submit a bid
on or before the time specified in the specificatic
is substantially lack of compliance with the specij
cations which cannot be waived.
It is the risk of the bidder if he chooses to use t
United States mails and the bid fails to arrive by
specified time. Unless the specifications otherwi~
provide, the bidder assumes the responsibility of
seeing that the bid i3 delivered to the appropriatE
person or agency by the specified time.
It had been the policy to advise cOiltr2cting offici
to re fuse to accept 2!1Y bid d8l i vered 2,'1Y amoun t of
time after the deadline as being invalid and failir
to qualify. ,'Ie return the bid unopened \I1i th a
statement that it failed to arrive in time and,
therefore, did not constitute a valid bid.
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