B-126124, NOV. 30, 1955

B-126124: Nov 30, 1955

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TO THE HONORABLE SECRETARY OF THE NAVY: REFERENCE IS MADE TO YOUR LETTER OF NOVEMBER 19. FOR RELIEF IN VIEW OF THE ERROR ALLEGED TO HAVE BEEN MADE IN HIS BID ON ITEM NO. 18 ON WHICH SALES CONTRACT NO. WAS BASED. ERROR WAS APPARENT ON THE FACE OF THE BID. SHOULD HAVE BEEN CALLED TO THE ATTENTION OF THE BIDDER TO AFFORD HIM THE OPPORTUNITY OF ESTABLISHING HIS INTENDED BID. IT IS NOTED THAT THE UNIT PRICE OF $0.02 IS ALMOST 26 TIMES HIGHER THAN THE ONLY OTHER BID RECEIVED ON THE ITEM. IS IN EXCESS OF THE ADVERTISED ACQUISITION COST OF THE MATERIAL INVOLVED. WHICH IS STILL HIGHER THAN THE ONLY OTHER BID RECEIVED FOR THE ITEM.

B-126124, NOV. 30, 1955

TO THE HONORABLE SECRETARY OF THE NAVY:

REFERENCE IS MADE TO YOUR LETTER OF NOVEMBER 19, 1955, WITH ENCLOSURES, REQUESTING A DECISION AS TO THE PROPER ACTION TO BE TAKEN WITH RESPECT TO THE REQUEST OF SAM BERNSTEIN, LOS ANGELES, CALIFORNIA, FOR RELIEF IN VIEW OF THE ERROR ALLEGED TO HAVE BEEN MADE IN HIS BID ON ITEM NO. 18 ON WHICH SALES CONTRACT NO. N228S-11447, DATED AUGUST 10, 1955, WAS BASED.

ERROR WAS APPARENT ON THE FACE OF THE BID. THEREFORE, NOTWITHSTANDING THE PROVISION IN THE LAST SENTENCE OF PARAGRAPH 3 OF THE GENERAL SALE TERMS AND CONDITIONS OF THE INVITATION, THE INCONSISTENCY BETWEEN THE UNIT PRICE OF $0.02 AND THE AMOUNT EXTENDED TO THE TOTAL PRICE BID COLUMN FOR ITEM NO. 18, SHOULD HAVE BEEN CALLED TO THE ATTENTION OF THE BIDDER TO AFFORD HIM THE OPPORTUNITY OF ESTABLISHING HIS INTENDED BID. IT IS NOTED THAT THE UNIT PRICE OF $0.02 IS ALMOST 26 TIMES HIGHER THAN THE ONLY OTHER BID RECEIVED ON THE ITEM, AND IS IN EXCESS OF THE ADVERTISED ACQUISITION COST OF THE MATERIAL INVOLVED.

SINCE THERE CAN BE NO DOUBT THAT THE BIDDER INTENDED TO BID A UNIT PRICE ON ITEM NO. 18 OF $0.002, WHICH IS STILL HIGHER THAN THE ONLY OTHER BID RECEIVED FOR THE ITEM, THE CONTRACT MAY BE AMENDED TO PROVIDE THE DECREASED UNIT PRICE.