B-124779, JUL. 27, 1955

B-124779: Jul 27, 1955

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PUBLIC PRINTER: REFERENCE IS MADE TO YOUR LETTER OF JULY 21. THERE IS NO DOUBT THAT THE COMPANY MADE A BONA FIDE ERROR IN ITS BID. THE RECORD SHOWS THAT THE CONTRACTING OFFICER BELIEVED THAT THE BID WAS ERRONEOUS AND THAT HIS BELIEF IN THAT REGARD WAS CONFIRMED AND THE ERROR WAS EXPLAINED SATISFACTORILY BY THE BIDDER PRIOR TO AWARD.

B-124779, JUL. 27, 1955

TO HONORABLE RAYMOND BLATTENBERGER, PUBLIC PRINTER:

REFERENCE IS MADE TO YOUR LETTER OF JULY 21, 1955, WITH ENCLOSURES, REQUESTING A DECISION AS TO WHETHER A BID, DATED JULY 12, 1955, SUBMITTED BY THE BALTIMORE SALESBOOK COMPANY ON JACKET NO. 347471 MAY BE DISREGARDED IN VIEW OF THE BIDDER'S ALLEGATION OF ERROR.

ON THE BASIS OF THE FACTS IN THIS CASE, THERE IS NO DOUBT THAT THE COMPANY MADE A BONA FIDE ERROR IN ITS BID. THE RECORD SHOWS THAT THE CONTRACTING OFFICER BELIEVED THAT THE BID WAS ERRONEOUS AND THAT HIS BELIEF IN THAT REGARD WAS CONFIRMED AND THE ERROR WAS EXPLAINED SATISFACTORILY BY THE BIDDER PRIOR TO AWARD. HOWEVER, THE PROOF FURNISHED FAILS TO ESTABLISH CONCLUSIVELY THE COMPANY'S INTENDED BID PRICE. ACCORDINGLY, THE BID SHOULD BE DISREGARDED--- THE FACTS AND CIRCUMSTANCES NOT BEING SUCH AS TO WARRANT A DEPARTURE FROM THE BASIC RULE THAT BIDS MAY NOT BE CHANGED AFTER OPENING. SEE 17 COMP. GEN. 575, 577.