B-126676, FEB. 3, 1956

B-126676, FEB. 3, 1956

TO THE HONORABLE SECRETARY OF THE ARMY:

REFERENCE IS MADE TO A LETTER DATED JANUARY 17, 1956, WITH ENCLOSURES, FROM THE DEPUTY ASSISTANT SECRETARY OF THE ARMY (LOGISTICS) RELATIVE TO AN ALLEGED ERROR ON ITEM NO. 24 OF A BID DATED JULY 19, 1955, SUBMITTED BY THE CLEMENTINA-ALLEN COMPANY ON WHICH CONTRACT NO. 04-519-01-/S/-22-56 DATED JULY 27, 1955, WAS BASED.

ON THE BASIS OF THE FACTS AND EVIDENCE OF RECORD INCLUDING THE CONTRACTOR'S EXPLANATORY LETTER DATED AUGUST 25, 1955, THE LETTER DATED AUGUST 26, 1955, FROM THE CORROBORATIVE WITNESS, MR. FLOYD LANGILLO, AND THE CONTRACTOR'S WORKSHEET, THERE APPEARS NO DOUBT THAT THE CLEMENTINA- ALLEN COMPANY MADE A BONA FIDE ERROR IN ITS BID AND THAT THE BID OF $228.89 WAS INTENDED FOR ITEM NO. 26 AND NOT FOR ITEM NO. 24 AS SHOWN ON THE BID FORM, IT BEING NOTED THAT THE SPACE INTENDED FOR QUOTING THE PRICE ON ITEM 26 DID NOT APPEAR ON THE SAME PAGE AS THE GREATER PART OF THE DESCRIPTION OF THAT ITEM, SO THAT THE PRICE SPACE FOR ITEM 24 WAS EASILY MISTAKEN FOR THAT INTENDED FOR THE FOLLOWING ITEM.

ACCORDINGLY, SINCE ITEM NO. 24 IS STILL IN THE POSSESSION OF THE GOVERNMENT, THE AWARD OF THAT ITEM SHOULD BE CANCELED AND THE APPLICABLE PURCHASE PRICE OF $228.89 SHOULD BE REFUNDED TO THE CONTRACTOR.

THE PAPERS WITH THE EXCEPTION OF THE CONTRACTING OFFICER'S REPORT OF NOVEMBER 21, 1955, WITH INDORSEMENTS ATTACHED THERETO, THE LETTERS FROM THE CONTRACTOR AND FROM MR. LANGILLO DATED AUGUST 25 AND 26, 1955, RESPECTIVELY, THE CONTRACTOR'S WORKSHEET AND A COPY OF THE ABSTRACT OF BIDS, ARE RETURNED.