B-124197, AUG. 1, 1955
Highlights
VETERANS ADMINISTRATION: REFERENCE IS MADE TO YOUR LETTER OF JULY 21. ENCLOSED IS A COPY OF OUR LETTER OF TODAY TO THE PROTESTING BIDDER RELATIVE TO THE MATTER. JOHNSON WAS ACCOMPANIED BY SAMPLES OF THE ITEMS HE PROPOSED TO FURNISH AS REQUIRED BY THE INVITATION. THE PROPRIETY OF CONSIDERING FOR AWARD AN UNSIGNED BID WHICH WAS ACCOMPANIED BY SAMPLES WAS DISCUSSED. THE CONCLUSION WAS STATED THAT THE DECISIVE QUESTION IN SUCH CASES IS WHETHER ACCEPTANCE OF THE BID AS SUBMITTED WILL EFFECT A CONTRACT BINDING ON THE BIDDER. WHICH ARE SIMILAR TO THOSE IN THE CASE CONSIDERED IN THE DECISION OF JUNE 1. ACCOMPANIED AS IT WAS BY SAMPLES OF THE ITEMS OFFERED. PRECLUDES DISAVOWAL OR WITHDRAWAL OF THE BID AND THAT WITHOUT REGARD TO ANY SIGNATURE WHICH MAY BE ADDED AFTER OPENING ITS ACCEPTANCE WOULD HAVE CREATED AN ENFORCEABLE CONTRACT.
B-124197, AUG. 1, 1955
TO HONORABLE H. V. HIGLEY, ADMINISTRATOR, VETERANS ADMINISTRATION:
REFERENCE IS MADE TO YOUR LETTER OF JULY 21, 1955, FURNISHING INFORMATION REQUESTED WITH REGARD TO THE PROTEST OF MR. M. A. JOHNSON, D/B/A PAPPY'S SHOE STORE, NORTH LITTLE ROCK, ARKANSAS, AS TO THE PROCEDURE TO BE USED BY THE VETERANS ADMINISTRATION HOSPITAL, NORTH LITTLE ROCK, ARKANSAS, IN MAKING AN AWARD UNDER INVITATION NO. 56-14, COVERING THE FURNISHING OF MEN'S CLOTHING AND FOOTWEAR FOR PATIENTS AT THE HOSPITAL.
ENCLOSED IS A COPY OF OUR LETTER OF TODAY TO THE PROTESTING BIDDER RELATIVE TO THE MATTER.
IN YOUR LETTER OF JULY 21 YOU REQUEST A DECISION AS TO WHETHER THE UNSIGNED BID OF MR. JOHNSON MAY BE CONSIDERED IN MAKING AN AWARD UNDER INVITATION NO. 56-14. YOU STATE THAT THE TYPEWRITTEN NAME "MERLE A. JOHNSON, MANAGER," APPEARED IN THE SIGNATURE BOX ON THE FACE OF THE BID FORM AND THAT THE BID OF MR. JOHNSON WAS ACCOMPANIED BY SAMPLES OF THE ITEMS HE PROPOSED TO FURNISH AS REQUIRED BY THE INVITATION.
IN OUR DECISION DATED JUNE 1, 1955, B-124029, TO YOU, THE PROPRIETY OF CONSIDERING FOR AWARD AN UNSIGNED BID WHICH WAS ACCOMPANIED BY SAMPLES WAS DISCUSSED, AND THE CONCLUSION WAS STATED THAT THE DECISIVE QUESTION IN SUCH CASES IS WHETHER ACCEPTANCE OF THE BID AS SUBMITTED WILL EFFECT A CONTRACT BINDING ON THE BIDDER. IN THE CIRCUMSTANCES OF THIS CASE, WHICH ARE SIMILAR TO THOSE IN THE CASE CONSIDERED IN THE DECISION OF JUNE 1, 1955, WE BELIEVE THAT THE ACTUAL VOLUNTARY SUBMISSION OF MR. JOHNSON'S BID, ACCOMPANIED AS IT WAS BY SAMPLES OF THE ITEMS OFFERED, PRECLUDES DISAVOWAL OR WITHDRAWAL OF THE BID AND THAT WITHOUT REGARD TO ANY SIGNATURE WHICH MAY BE ADDED AFTER OPENING ITS ACCEPTANCE WOULD HAVE CREATED AN ENFORCEABLE CONTRACT. NO QUESTION OF AN ELECTION BY THE BIDDER, SUCH AS AROSE IN THE CASE CONSIDERED IN THE DECISION OF MARCH 11, 1955, B-123061 (34 COMP. GEN. 439) TO THE ADMINISTRATOR, HOUSING AND HOME FINANCE AGENCY, IS PRESENT HERE.
ACCORDINGLY, THE BID OF MR. JOHNSON, D/B/A PAPPY'S SHOE STORE, MAY BE CONSIDERED ALONG WITH THE OTHER BIDS IN MAKING AN AWARD UNDER THE SUBJECT INVITATION.