B-125376, OCT. 25, 1955

B-125376: Oct 25, 1955

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TO THE HONORABLE SECRETARY OF AGRICULTURE: REFERENCE IS MADE TO A LETTER DATED SEPTEMBER 19. WAS BASED. ERROR IS APPARENT ON THE FACE OF THE COMPANY'S BID ON ITEM NO. 312. THE CONTRACTOR'S BID OF $7.85 PER COPY WAS OUT OF LINE WITH THE SIX OTHER UNIT PRICE BIDS ON THE ITEM RANGING FROM $25 TO $40. THE CONCLUSION IS WARRANTED THAT AN ERROR WAS MADE BY THE COMPANY IN THE UNIT PRICE. THAT THE INTENDED UNIT PRICE WAS $26 AS ALLEGED. THE COMPANY SHOULD HAVE BEEN REQUESTED TO VERIFY ITS BID ON ITEM NO. 312 PRIOR TO THE AWARD AS TO THAT ITEM. PAYMENT IS AUTHORIZED TO BE MADE TO THE WASHINGTON NEWS COMPANY FOR ANY COPIES OF THE PERIODICALS DELIVERED UNDER ITEM NO. 312 AT $25 EACH.

B-125376, OCT. 25, 1955

TO THE HONORABLE SECRETARY OF AGRICULTURE:

REFERENCE IS MADE TO A LETTER DATED SEPTEMBER 19, 1955, WITH ENCLOSURES, FROM THE ACTING CHIEF, DIVISION OF PROCUREMENT AND PROPERTY MANAGEMENT, RELATIVE TO AN ALLEGED ERROR ON ITEM NO. 312 OF A BID DATED OCTOBER 20, 1954, SUBMITTED IN RESPONSE TO INVITATION NO. USDA 53-55/A) BY THE WASHINGTON NEWS COMPANY, DIVISION OF THE AMERICAN NEWS COMPANY, ON WHICH CONTRACT NO. 12-01-100-8 DATED NOVEMBER 5, 1954, WAS BASED.

ERROR IS APPARENT ON THE FACE OF THE COMPANY'S BID ON ITEM NO. 312, SINCE THE UNIT PRICE MULTIPLIED BY THE QUANTITY INVOLVED DOES NOT EQUAL $182 AS EXTENDED TO THE AMOUNT COLUMN. MOREOVER, THE CONTRACTOR'S BID OF $7.85 PER COPY WAS OUT OF LINE WITH THE SIX OTHER UNIT PRICE BIDS ON THE ITEM RANGING FROM $25 TO $40. THUS, THE CONCLUSION IS WARRANTED THAT AN ERROR WAS MADE BY THE COMPANY IN THE UNIT PRICE, NOT IN THE TOTAL BID OF $182 AS EXTENDED, AND THAT THE INTENDED UNIT PRICE WAS $26 AS ALLEGED. IN VIEW OF THE ABOVE FACTS, THE COMPANY SHOULD HAVE BEEN REQUESTED TO VERIFY ITS BID ON ITEM NO. 312 PRIOR TO THE AWARD AS TO THAT ITEM. SEE 15 COMP. GEN. 746. IN THE CIRCUMSTANCES, THE ACCEPTANCE OF THE BID DID NOT LEGALLY OBLIGATE THE COMPANY TO FURNISH ITEM 312 AT THE UNIT PRICE QUOTED IN ITS BID.

ACCORDINGLY, PAYMENT IS AUTHORIZED TO BE MADE TO THE WASHINGTON NEWS COMPANY FOR ANY COPIES OF THE PERIODICALS DELIVERED UNDER ITEM NO. 312 AT $25 EACH--- THE AMOUNT OF THE NEXT LOWEST BID.

A REFERENCE TO THIS DECISION SHOULD BE MADE ON THE CONTRACT OR ON THE VOUCHER COVERING SUCH ..END :