B-126539, JAN. 16, 1956

B-126539: Jan 16, 1956

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PUBLIC PRINTER: REFERENCE IS MADE TO YOUR LETTER OF JANUARY 6. FIVE OTHER BIDS WERE RECEIVED WHICH RANGED IN PRICE FROM $1. IT IS REPORTED THAT WHEN THE BIDS WERE EXAMINED BY THE CONTRACTING OFFICER HE NOTED THAT THE BID FROM FOOTE AND DAVIES. WAS POSSIBLY IN ERROR BECAUSE THE BID WAS OUT OF LINE WITH THE OTHER BIDS RECEIVED AND WITH THE GOVERNMENT PRINTING OFFICE ESTIMATE OF $1. THE CORPORATION WAS REQUESTED BY TELEGRAM TO REVIEW THE SPECIFICATIONS AND TO CONFIRM ITS BID PRICE ON THIS WORK. THE ERROR WAS CONFIRMED IN A LETTER DATED DECEMBER 31. THE WORKSHEET SHOWS THAT NO COST FOR THE GATHERING OPERATION WAS INCLUDED IN THE ORIGINAL ESTIMATE. ON THE BASIS OF THE FACTS AND EVIDENCE OF RECORD THERE IS NO DOUBT THAT A BONA FIDE ERROR WAS MADE IN THE BID AS ALLEGED.

B-126539, JAN. 16, 1956

TO HONORABLE RAYMOND BLATTENBERGER, PUBLIC PRINTER:

REFERENCE IS MADE TO YOUR LETTER OF JANUARY 6, 1956, WITH ENCLOSURES, REQUESTING A DECISION AS TO WHETHER A BID DATED DECEMBER 23, 1955, SUBMITTED BY FOOTE AND DAVIES, INC., ATLANTA, GEORGIA, MAY BE DISREGARDED IN VIEW OF THE BIDDER'S ALLEGATION OF ERROR.

IN RESPONSE TO INVITATION TO BID, JACKET NO. 369307, THE CORPORATION OFFERED TO FURNISH 7,700 PADS (192,500 SETS OF 2 SHEETS), PRINTED FACE ONLY ON PAPER TO BE FURNISHED BY THE GOVERNMENT PRINTING OFFICE, DRILLED TWO SIDES OF THE SHEET WITH A TOTAL OF 15 ROUND HOLES, GATHERED IN SETS OF 2 SHEETS, PADDED IN SETS OF 25 (50 SHEETS), AT A PRICE OF $990. FIVE OTHER BIDS WERE RECEIVED WHICH RANGED IN PRICE FROM $1,305 TO $3,295.07. IT IS REPORTED THAT WHEN THE BIDS WERE EXAMINED BY THE CONTRACTING OFFICER HE NOTED THAT THE BID FROM FOOTE AND DAVIES, INC. WAS POSSIBLY IN ERROR BECAUSE THE BID WAS OUT OF LINE WITH THE OTHER BIDS RECEIVED AND WITH THE GOVERNMENT PRINTING OFFICE ESTIMATE OF $1,839.83. ON DECEMBER 30, 1955, THE CORPORATION WAS REQUESTED BY TELEGRAM TO REVIEW THE SPECIFICATIONS AND TO CONFIRM ITS BID PRICE ON THIS WORK.

IN A TELEPHONE CONVERSATION ON DECEMBER 30, 1955, THE BIDDER ADVISED THE CONTRACTING OFFICER THAT AN ERROR HAD BEEN MADE IN ITS BID IN THAT THE COST OF THE GATHERING OPERATION HAD BEEN OMITTED. THE ERROR WAS CONFIRMED IN A LETTER DATED DECEMBER 31, 1955, WITH WHICH THE BIDDER SUBMITTED ITS ORIGINAL WORKSHEET SHOWING THE COMPUTATION OF ITS ORIGINAL PRICE OF $890.15, AND A REVISED ESTIMATE OF $1,535.15 WHICH INCLUDED ADDITIONAL ENTRIES FOR GATHERING IN THE AMOUNT OF $627.25 AND $51.35 FOR PADDING, AND A REDUCTION OF $33.60 FOR CUTTING. THE WORKSHEET SHOWS THAT NO COST FOR THE GATHERING OPERATION WAS INCLUDED IN THE ORIGINAL ESTIMATE. THUS, ON THE BASIS OF THE FACTS AND EVIDENCE OF RECORD THERE IS NO DOUBT THAT A BONA FIDE ERROR WAS MADE IN THE BID AS ALLEGED.

ACCORDINGLY, SINCE THE CONTRACTING OFFICER BELIEVED THAT THE BID WAS ERRONEOUS, AND SINCE SUCH BELIEF WAS CONFIRMED AND THE ERROR, TOGETHER WITH THE REASON THEREFOR, WAS EXPLAINED BY THE BIDDER PRIOR TO AWARD, THE BID OF FOOTE AND DAVIES, INC. SHOULD BE DISREGARDED.

THE PAPERS, WITH THE EXCEPTION OF YOUR TELEGRAM OF DECEMBER 30, 1955, THE BIDDER'S LETTER OF DECEMBER 31, 1955 AND ITS WORKSHEET, ARE RETURNED AS REQUESTED.