B-125614, OCT. 7, 1955

B-125614: Oct 7, 1955

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BUREAU OF RECLAMATION: REFERENCE IS MADE TO YOUR LETTER OF SEPTEMBER 26. THERE IS NO DOUBT THAT A BONA FIDE ERROR WAS MADE IN THE BID SUBMITTED BY THE CORPORATION. THE PRICE LIST CLEARLY ESTABLISHES THAT THE PRICE OF $431.52 QUOTED BY THE CORPORATION IN ITS BID WAS THE PRICE FOR THREE OF ITS CTO-15 TRANSFORMERS. THE CONCLUSION IS WARRANTED THAT THE CORPORATION ACTUALLY DID NOT PROPOSE. SINCE THE ERROR WAS ALLEGED AND EXPLAINED BY THE BIDDER PRIOR TO AWARD.

B-125614, OCT. 7, 1955

TO MR. V. H. THOMPSON, CONTRACTING OFFICER, BUREAU OF RECLAMATION:

REFERENCE IS MADE TO YOUR LETTER OF SEPTEMBER 26, 1955, WITH ENCLOSURES, RELATIVE TO AN ALLEGED ERROR IN A BID DATED AUGUST 10, 1955, SUBMITTED BY THE WESTINGHOUSE ELECTRIC CORPORATION IN RESPONSE TO INVITATION NO. (D/A- 68,317-A. YOU REQUEST A DECISION AS TO WHETHER THE BID MAY BE DISREGARDED.

ON THE BASIS OF THE FACTS AND EVIDENCE OF RECORD, INCLUDING THE CORPORATION'S DULY VERIFIED EXPLANATORY STATEMENT, SUPPORTED BY ITS PUBLISHED PRINTED PRICE LIST DATED JANUARY 10, 1955, THERE IS NO DOUBT THAT A BONA FIDE ERROR WAS MADE IN THE BID SUBMITTED BY THE CORPORATION.

THE PRICE LIST CLEARLY ESTABLISHES THAT THE PRICE OF $431.52 QUOTED BY THE CORPORATION IN ITS BID WAS THE PRICE FOR THREE OF ITS CTO-15 TRANSFORMERS, OF 100 AMPERES, WITH TOP CONNECTION, INSTEAD OF ITS PRICE FOR THREE OF ITS RO-15 TRANSFORMERS, THE TYPE REQUIRED BY THE GOVERNMENT, HAVING A RATING OF 200 AMPERES AND A SIDE CONNECTION. CONSEQUENTLY, THE CONCLUSION IS WARRANTED THAT THE CORPORATION ACTUALLY DID NOT PROPOSE, FOR THE PRICE QUOTED IN ITS BID, TO FURNISH TRANSFORMERS THAT WOULD MEET THE SPECIFICATIONS, AND THAT, THEREFORE, AN ACCEPTANCE OF THE BID, UNDER THE CIRCUMSTANCES, WOULD NOT CONSUMMATE A VALID AND BINDING CONTRACT.

ACCORDINGLY, SINCE THE ERROR WAS ALLEGED AND EXPLAINED BY THE BIDDER PRIOR TO AWARD, THE BID OF WESTINGHOUSE ELECTRIC CORPORATION SHOULD BE DISREGARDED.