B-127192, APR. 3, 1956

B-127192: Apr 3, 1956

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GENERAL SERVICES ADMINISTRATION: REFERENCE IS MADE TO YOUR LETTER OF MARCH 16. MAY BE CANCELLED BECAUSE OF AN ERROR MADE IN THE BID ON WHICH THE CONTRACT WAS AWARDED. THAT IT IS WILLING TO FURNISH THE PYREX GLASSWARE ITEMS. ON WHICH ERROR WAS ALLEGED AFTER AWARD. SINCE THE COMPANY'S AGGREGATE BID ON THE ITEMS AWARDED TO IT WAS LOW AS TO PRICE AND SINCE THE CONTRACT FORMED BY ACCEPTANCE OF THE BID. WAS AT MOST MERELY VOIDABLE.

B-127192, APR. 3, 1956

TO HONORABLE FRANKLIN G. FLOETE, ADMINISTRATOR, GENERAL SERVICES ADMINISTRATION:

REFERENCE IS MADE TO YOUR LETTER OF MARCH 16, 1956, WITH ENCLOSURE, IN WHICH YOU STATE THAT YOU WISH TO WITHDRAW THE ASSISTANT ADMINISTRATOR'S REQUEST OF MARCH 1, 1956, FOR A DECISION AS TO WHETHER CONTRACT NO. GS-00S -1132, WITH THE DENVER FIRE CLAY COMPANY, MAY BE CANCELLED BECAUSE OF AN ERROR MADE IN THE BID ON WHICH THE CONTRACT WAS AWARDED, INASMUCH AS THE COMPANY HAS INDICATED IN ITS LETTER OF MARCH 6, 1956, THAT IT IS WILLING TO FURNISH THE PYREX GLASSWARE ITEMS, ON WHICH ERROR WAS ALLEGED AFTER AWARD, AT ITS ORIGINAL BID PRICES. YOU NOW REQUEST A DECISION AS WHETHER IT WOULD BE PROPER TO PERMIT THE COMPANY TO PERFORM ON THE BASIS OF THE CONTRACT EXECUTED.

SINCE THE COMPANY'S AGGREGATE BID ON THE ITEMS AWARDED TO IT WAS LOW AS TO PRICE AND SINCE THE CONTRACT FORMED BY ACCEPTANCE OF THE BID, WITHOUT ACTUAL KNOWLEDGE OF THE BIDDER'S ERROR, WAS AT MOST MERELY VOIDABLE, WE PERCEIVE NO OBJECTION TO PERMITTING THE COMPANY TO PERFORM THE CONTRACT ACCORDING TO ITS TERMS.