SEALED BIDDING

Review this case carefully and answer the question at the end of the case in detail.

An IFB was issued by Oak Ridge Operations on August 19, 1989, soliciting bids for delivery of hazardous waste containers. Three bids were received by the time set for bid opening (10:20 a.m., October 31, 1989). On November 1, 1989, a bid by Smith Hydraulics, Inc. arrived at the Oak Ridge opening room.

The record indicates that Smith chose to have its bid delivered by commercial carrier. While the subject IFB allowed for delivery other than by mail, the IFB was clear that both mailed and hand delivered bids were to be addressed and delivered to the depository in Building 12-1B. In this connection, the IFB was specific in its instructions to bidders who wished to have their bids "hand delivered". In part, the instructions noted that if bidders chose to have their bids delivered, such bids would be received " ... in the depository located in Building 12-1B, Oak Ridge Operations, Oak Ridge, TN, until 10:30 a.m., local time at the place of opening, 1989, October 31."

Smith's bid, although addressed to Building 12-1B, was delivered by the commercial carrier on October 30, 1989, to building 42-1. This building is approximately 3/4 of a mile from the bid opening room. When mail for other portions of the complex is received at Building 42-1, the normal procedure "...is to place the mail in a special mail tub for delivery by truck to the central mailroom. The central mailroom then picks up this mail and routes it to the correct location."

When the CO determined that Smith's bid could not be considered, Smith protested.

QUESTION:

Do you feel that Smith's bid should be considered?