B-124931, AUG. 15, 1955

B-124931: Aug 15, 1955

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PUBLIC PRINTER: REFERENCE IS MADE TO YOUR LETTER OF AUGUST 2. IS BASED. AWARD WAS MADE TO THE COMPANY AS LOW BIDDER. THE TWO OTHER JOB PRICE BIDS WERE $3. REQUESTED THAT THE BID BE WITHDRAWN BECAUSE OF AN ERROR IN THAT THE COMPANY'S PRICE SHOULD HAVE BEEN $15.64 PER THOUSAND FORMS. STATING THAT THE PRICE ON THE JOB WAS FOR 1. THERE WAS ALSO FURNISHED A COPY OF A LETTER DATED JULY 19. A NOTATION WAS MADE ON THE LETTER THAT THE PRICE ON JACKET 351000 WAS FOR 1. IN YOUR LETTER IT IS STATED THAT DUE TO AN OVERSIGHT THE CONTRACTING OFFICER DID NOT NOTICE BEFORE AWARD WAS MADE THAT A POSSIBLE ERROR EXISTED IN THE BID BUT THAT HE BELIEVES HE SHOULD HAVE SUSPECTED AN ERROR IN THE BID BECAUSE IT WAS UNUSUALLY LOW IN COMPARISON WITH THE OTHER BIDS RECEIVED.

B-124931, AUG. 15, 1955

TO HONORABLE RAYMOND BLATTENBERGER, PUBLIC PRINTER:

REFERENCE IS MADE TO YOUR LETTER OF AUGUST 2, 1955, WITH ENCLOSURES, RELATIVE TO AN ERROR WHICH THE MULTIPLE COPY FORMS COMPANY, GREEN BAY, WISCONSIN, ALLEGES IT MADE IN ITS BID DATED JULY 20, 1955, ON WHICH PURCHASE ORDER NO. 1975, DATED JULY 22, 1955, IS BASED.

IN RESPONSE TO INVITATION TO BID, JACKET NO. 351000, THE COMPANY OFFERED TO FURNISH 100,000 STRIPS OF 5 SECTIONS EACH OF A 3-PART SINGLE STUB SNAPOUT STYLE FORM, CARBON INTERLEAVED AND NUMBERED, AT $15.64 PER THOUSAND STRIPS, OR A TOTAL BID PRICE OF $1,564. AWARD WAS MADE TO THE COMPANY AS LOW BIDDER. THE TWO OTHER JOB PRICE BIDS WERE $3,297 AND $3,950, RESPECTIVELY.

IT APPEARS THAT ON JULY 25, 1955, THE WASHINGTON REPRESENTATIVE OF THE COMPANY RETURNED THE PURCHASE ORDER, NOTICE OF AWARD, AND THE MANUSCRIPT COPY, AND REQUESTED THAT THE BID BE WITHDRAWN BECAUSE OF AN ERROR IN THAT THE COMPANY'S PRICE SHOULD HAVE BEEN $15.64 PER THOUSAND FORMS, NOT PER THOUSAND STRIPS. THIS WOULD MAKE THE COMPANY'S TOTAL BID PRICE $7,820 INSTEAD OF $1,564. BY LETTER DATED JULY 26, 1955, THE WASHINGTON REPRESENTATIVE FURNISHED A COPY OF A TELEGRAM DATED JULY 22, 1955, FROM THE COMPANY, STATING THAT THE PRICE ON THE JOB WAS FOR 1,000 SETS, NOT FOR A 1,000 STRIPS. THERE WAS ALSO FURNISHED A COPY OF A LETTER DATED JULY 19, 1955, WHICH CONFIRMED THE PRICES QUOTED TO THE WASHINGTON REPRESENTATIVE BY TELEPHONE. A NOTATION WAS MADE ON THE LETTER THAT THE PRICE ON JACKET 351000 WAS FOR 1,000 SETS AND NOT 1,000 STRIPS.

IN YOUR LETTER IT IS STATED THAT DUE TO AN OVERSIGHT THE CONTRACTING OFFICER DID NOT NOTICE BEFORE AWARD WAS MADE THAT A POSSIBLE ERROR EXISTED IN THE BID BUT THAT HE BELIEVES HE SHOULD HAVE SUSPECTED AN ERROR IN THE BID BECAUSE IT WAS UNUSUALLY LOW IN COMPARISON WITH THE OTHER BIDS RECEIVED.

SINCE THERE IS SOME EVIDENCE THAT THE COMPANY MADE AN ERROR IN ITS BID, THAT THE DISPARITY BETWEEN ITS BID AND THE NEXT LOW BID WAS SUCH THAT IT SHOULD HAVE BEEN AFFORDED AN OPPORTUNITY TO VERIFY ITS BID BEFORE ACCEPTANCE, AND AS THE ERROR WAS ALLEGED AND EXPLAINED BY THE COMPANY PROMPTLY UPON RECEIPT OF THE NOTICE OF ACCEPTANCE, PURCHASE ORDER NO. 1975 SHOULD BE CANCELLED WITHOUT LIABILITY TO THE COMPANY.