B-126349, DEC. 21, 1955

B-126349: Dec 21, 1955

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PUBLIC PRINTER: REFERENCE IS MADE TO YOUR LETTER OF DECEMBER 13. SINCE IT WAS OUT OF LINE WITH THE TWO OTHER BIDS OF $1. WHICH SHOWS CLEARLY THAT A MATHEMATICAL MISTAKE OF $350 WAS MADE IN ADDING ITS SEVEN ITEMS OF ESTIMATED COST OF THE WORK. WHEREBY A TOTAL PRICE OF $900 WAS ARRIVED AT IN LIEU OF $1. ON THE BASIS OF THE FACTS AND EVIDENCE OF RECORD THERE IS NO DOUBT THAT A BONA FIDE ERROR WAS MADE IN THE BID AND THAT THE INTENDED BID PRICE WAS AS ALLEGED. SINCE THE ERROR WAS EXPLAINED SATISFACTORILY AND THE INTENDED BID WAS ESTABLISHED CONCLUSIVELY BY COMPETENT EVIDENCE PRIOR TO AWARD. ARE RETURNED.

B-126349, DEC. 21, 1955

TO HONORABLE RAYMOND BLATTENBERGER, PUBLIC PRINTER:

REFERENCE IS MADE TO YOUR LETTER OF DECEMBER 13, 1955, WITH ENCLOSURES, REQUESTING A DECISION AS TO WHETHER A BID DATED NOVEMBER 28, 1955, SUBMITTED BY HARRY HOFFMAN AND SONS, MAY BE DISREGARDED IN VIEW OF THE BIDDER'S ALLEGATION OF ERROR.

THE CONTRACTING OFFICER PROPERLY TOOK NOTICE OF THE PROBABILITY OF ERROR IN THE COMPANY'S BID OF $900, SINCE IT WAS OUT OF LINE WITH THE TWO OTHER BIDS OF $1,705 AND $1,780 FOR THE JOB. UPON RECEIPT OF A REQUEST FOR REVIEW OF THE SPECIFICATION AND VERIFICATION OF ITS BID, THE BIDDER PROMPTLY ADVISED BY LETTER OF DECEMBER 5, 1955, OF AN ERROR IN THE BID AND FURNISHED ITS ORIGINAL WORKSHEET, WHICH SHOWS CLEARLY THAT A MATHEMATICAL MISTAKE OF $350 WAS MADE IN ADDING ITS SEVEN ITEMS OF ESTIMATED COST OF THE WORK, WHEREBY A TOTAL PRICE OF $900 WAS ARRIVED AT IN LIEU OF $1,250, THE INTENDED BID. AS A RESULT, THE BIDDER REQUESTED THAT THE AMOUNT OF ITS BID BE CHANGED FROM $900 TO $1,250.

ON THE BASIS OF THE FACTS AND EVIDENCE OF RECORD THERE IS NO DOUBT THAT A BONA FIDE ERROR WAS MADE IN THE BID AND THAT THE INTENDED BID PRICE WAS AS ALLEGED. ACCORDINGLY, SINCE THE ERROR WAS EXPLAINED SATISFACTORILY AND THE INTENDED BID WAS ESTABLISHED CONCLUSIVELY BY COMPETENT EVIDENCE PRIOR TO AWARD, THE BID OF HARRY HOFFMAN AND SONS MAY BE CORRECTED SO AS TO PROVIDE FOR A PRICE OF $1,250 FOR THE WORK. THE BID, AS CORRECTED, MAY BE CONSIDERED ALONG WITH THE OTHER BIDS IN MAKING THE AWARD.

IN THE EVENT OF AN AWARD TO HARRY HOFFMAN AND SONS, A REFERENCE TO THIS DECISION SHOULD BE MADE ON THE CONTRACT.

THE PAPERS, WITH THE EXCEPTION OF THE BIDDER'S LETTER OF DECEMBER 5, 1955, AND ITS WORKSHEET, ARE RETURNED, AS REQUESTED.