B-126665, JAN. 24, 1956

B-126665: Jan 24, 1956

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POST OFFICE DEPARTMENT: REFERENCE IS MADE TO YOUR LETTER OF JANUARY 16. THE ABSTRACT OF BIDS SHOWS THAT THE FOUR BIDS RECEIVED WERE AS FOLLOWS: TABLE DEL. THE BID OF THE KEYLESS LOCK COMPANY ON ITEM NO. 2 IS OUT OF LINE WITH THE THREE OTHER BIDS RECEIVED THEREON. THE RECORD SHOWS THAT THE BIDS WERE OPENED DECEMBER 29. IT EXPLAINED THAT THE FIGURE "565" ACTUALLY WAS THE WEIGHT IN POUNDS OF THE EQUIPMENT TO BE FURNISHED UNDER ITEM 2. WHICH SHOWS THE DELIVERED PRICE FOR THE TWO UNITS OF LOCK BOXES WAS COMPUTED AT $1. ON THE BASIS OF THE FACTS AND EVIDENCE OF RECORD THERE IS NO DOUBT THAT THE COMPANY MADE A BONA FIDE ERROR IN ITS BID ON ITEM NO. 2. SINCE THE ERROR WAS ALLEGED AND SUBSTANTIATED BY EVIDENCE FURNISHED PROMPTLY AFTER THE OPENING.

B-126665, JAN. 24, 1956

TO MR. WILHO KALLIO, CONTRACTING OFFICER, POST OFFICE DEPARTMENT:

REFERENCE IS MADE TO YOUR LETTER OF JANUARY 16, 1956, WITH ENCLOSURES, REQUESTING A DECISION AS TO WHETHER A BID SUBMITTED BY THE KEYLESS LOCK COMPANY ON ITEM NO. 2 OF INVITATION NO. 1179 MAY BE DISREGARDED IN VIEW OF THE BIDDER'S ALLEGATION OF ERROR.

THE INVITATION REQUESTED BIDS FOR FURNISHING ITEM NO. 1, COVERING VARIOUS ITEMS OF FURNITURE AND FIXTURES, F.O.B. POST OFFICE, MELROSE PARK, ILLINOIS (NORTHLAKE BRANCH); AND ITEM NO. 2 COVERING THE DELIVERY, F.O.B. THE SAME BRANCH POST OFFICE, OF A QUANTITY OF LOCK BOXES AND EQUIPMENT FOR ATTACHING THE BOXES TO BLANK PANEL UNITS OF WOODEN PARTITIONS, ALL IN ACCORDANCE WITH STATED SPECIFICATIONS. THE ABSTRACT OF BIDS SHOWS THAT THE FOUR BIDS RECEIVED WERE AS FOLLOWS:

TABLE

DEL. DAYS ITEM NO. 1 ITEM NO. 2 DISCOUNT THE KEYLESS LOCK CO. 150 $5,300 $ 565 1-20 FED. EQUIP. CO. 140 5,716

1,193 1/2-20 CORBIN WOOD PROD. CO. 120-140 5,590 1,223 1-20 NAT-L CABINET CO. 120-150 5,808 1,236 1/2-20

THUS, THE BID OF THE KEYLESS LOCK COMPANY ON ITEM NO. 2 IS OUT OF LINE WITH THE THREE OTHER BIDS RECEIVED THEREON. THE RECORD SHOWS THAT THE BIDS WERE OPENED DECEMBER 29, 1955, AND THAT THE KEYLESS LOCK COMPANY, BY LETTER DATED DECEMBER 30, 1955, ADVISED THAT AN ERROR HAD BEEN MADE IN ITS BID OF $565 ON ITEM NO. 2. IT EXPLAINED THAT THE FIGURE "565" ACTUALLY WAS THE WEIGHT IN POUNDS OF THE EQUIPMENT TO BE FURNISHED UNDER ITEM 2--- SAID FIGURE HAVING BEEN QUOTED INADVERTENTLY AS THE PRICE, IN LIEU OF $1,166, THE PRICE IT INTENDED TO BID. BY REASON OF THE ALLEGED MISTAKE, IT REQUESTED PERMISSION TO WITHDRAW ITS BID ON ITEM NO. 2. IN SUPPORT OF ITS ALLEGATION OF ERROR AND REQUEST FOR RELIEF THE COMPANY FORWARDED A PHOTOSTATIC COPY OF ITS WORKSHEET COVERING ITEM NO. 2, WHICH SHOWS THE DELIVERED PRICE FOR THE TWO UNITS OF LOCK BOXES WAS COMPUTED AT $1,155 PLUS $11 FREIGHT, OR $1,166. THE WORKSHEET ALSO CONTAINS A NOTATION SHOWING THE WEIGHT OF THE PROPOSED SHIPMENT AS "565 POUNDS" AND THE APPLICABLE FREIGHT AS $11.

ON THE BASIS OF THE FACTS AND EVIDENCE OF RECORD THERE IS NO DOUBT THAT THE COMPANY MADE A BONA FIDE ERROR IN ITS BID ON ITEM NO. 2, AS ALLEGED. ACCORDINGLY, SINCE THE ERROR WAS ALLEGED AND SUBSTANTIATED BY EVIDENCE FURNISHED PROMPTLY AFTER THE OPENING, PRIOR TO AWARD, AND IT APPEARS TO BE YOUR BELIEF THAT THE BID IS ERRONEOUS, AS ALLEGED, THE BID OF THE KEYLESS LOCK COMPANY AS TO ITEM NO. 2 SHOULD BE DISREGARDED IN MAKING THE AWARD.