B-127342, MAR. 23, 1956
Highlights
HOUSING AND HOME FINANCE AGENCY: REFERENCE IS MADE TO YOUR LETTER OF MARCH 16. (A/M-88 WAS AWARDED. WIDE WINDOW SHADE AND THE RECORD INDICATES THAT THIS ITEM WAS THE ONLY ONE AWARDED TO THE COMPANY ON OCTOBER 10. WIDE WINDOW SHADE SHOULD HAVE BEEN $3.13 EACH INSTEAD OF $2.13 EACH. IT IS NOTED FROM THE ABSTRACT OF BIDS THAT THE COMPANY'S BID OF $2.13 EACH FOR THE 4 FT. WIDE WINDOW SHADE IS OUT OF LINE WITH THE THREE OTHER BIDS THEREON IN THE AMOUNTS OF $2.76. IT APPEARS THAT THE CONTRACTING OFFICER SHOULD HAVE BEEN AWARE OF THE PROBABILITY OF ERROR IN THE COMPANY'S BID OF $2.13 EACH FOR THE 4 FT. THAT BID SHOULD NOT HAVE BEEN ACCEPTED WITHOUT REQUESTING THE COMPANY TO VERIFY ITS BID. THERE IS NO ROOM FOR DOUBT THAT THE BROOKLINE SHADE COMPANY MADE AN ERROR IN ITS BID.
B-127342, MAR. 23, 1956
TO HONORABLE ALBERT M. COLE, ADMINISTRATOR, HOUSING AND HOME FINANCE AGENCY:
REFERENCE IS MADE TO YOUR LETTER OF MARCH 16, 1956, WITH ENCLOSURES, REQUESTING A DECISION AS TO THE ACTION TO BE TAKEN RELATIVE TO AN ERROR THE BROOKLINE SHADE COMPANY ALLEGES IT MADE IN ITS BID ON WHICH CONTRACT NO. (A/M-88 WAS AWARDED.
THE PUBLIC HOUSING ADMINISTRATION, ATLANTA, GEORGIA, BY INVITATION NO. PHA-A-67 REQUESTED BIDS--- TO BE OPENED OCTOBER 4, 1955--- FOR FURNISHING UNDER ITEM 2, CLOTH WINDOW SHADES OF VARIOUS SIZES DURING THE PERIOD BEGINNING FROM THE DATE OF THE AWARD AND ENDING JUNE 30, 1956. RESPONSE, THE BROOKLINE SHADE COMPANY SUBMITTED A BID OFFERING TO FURNISH THE WINDOW SHADES AT THE PRICES SET FORTH OPPOSITE EACH SIZE. IN ITS BID THE COMPANY SPECIFIED A PRICE OF $2.13 EACH FOR A 4 FT. LONG, 63 IN. WIDE WINDOW SHADE AND THE RECORD INDICATES THAT THIS ITEM WAS THE ONLY ONE AWARDED TO THE COMPANY ON OCTOBER 10, 1955.
BY LETTER DATED OCTOBER 28, 1955, THE COMPANY'S SUPPLIER ADVISED THAT THE COMPANY HAD MADE A TYPOGRAPHICAL ERROR IN ITS BID AND THAT THE COMPANY'S BID PRICE FOR THE 4 FT. LONG, 63 IN. WIDE WINDOW SHADE SHOULD HAVE BEEN $3.13 EACH INSTEAD OF $2.13 EACH. IN AN AFFIDAVIT DATED JANUARY 10, 1956, THE OWNER OF THE COMPANY REQUESTED THAT THE CONTRACT BE CANCELLED WITHOUT LIABILITY TO THE COMPANY.
THE BROOKLINE SHADE COMPANY QUOTED A PRICE OF $2.85 EACH FOR A 3 FT. 6 IN. LONG, 63 IN. WIDE WINDOW SHADE, AND FOR A 4 FT. LONG, 63 IN. WIDE WINDOW SHADE, IT QUOTED A PRICE OF $2.13 EACH. IT SEEMS OBVIOUS THAT THE COMPANY DID NOT INTEND TO QUOTE A SUBSTANTIALLY LOWER PRICE FOR THE LARGER SIZE WINDOW SHADE THAN FOR THE SMALLER SIZE WINDOW SHADE. ALSO, IT IS NOTED FROM THE ABSTRACT OF BIDS THAT THE COMPANY'S BID OF $2.13 EACH FOR THE 4 FT. LONG, 63 IN. WIDE WINDOW SHADE IS OUT OF LINE WITH THE THREE OTHER BIDS THEREON IN THE AMOUNTS OF $2.76, $2.829, AND $3.20 EACH. THE CIRCUMSTANCES, IT APPEARS THAT THE CONTRACTING OFFICER SHOULD HAVE BEEN AWARE OF THE PROBABILITY OF ERROR IN THE COMPANY'S BID OF $2.13 EACH FOR THE 4 FT. LONG, 63 IN. WIDE WINDOW SHADE AND, CONSEQUENTLY, THAT BID SHOULD NOT HAVE BEEN ACCEPTED WITHOUT REQUESTING THE COMPANY TO VERIFY ITS BID.
ON THE RECORD, THERE IS NO ROOM FOR DOUBT THAT THE BROOKLINE SHADE COMPANY MADE AN ERROR IN ITS BID, AS ALLEGED. ACCORDINGLY, AND SINCE IT APPEARS THAT NO DELIVERIES OF THE WINDOW SHADES HAVE BEEN MADE, CONTRACT NO. (A/M-88 SHOULD BE CANCELLED WITHOUT LIABILITY TO THE COMPANY.
THE PAPERS, WITH THE EXCEPTION OF THE CONTRACTING OFFICER'S UNDATED STATEMENT, ARE RETURNED.