B-127477, APR. 6, 1956

B-127477: Apr 6, 1956

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PUBLIC PRINTER: REFERENCE IS MADE TO YOUR LETTER OF APRIL 2. THE COMPANY'S BID OF $238 WAS CONSIDERABLY LOWER THAN THE GOVERNMENT'S ESTIMATE OF $315.55 AND THE SIX OTHER BIDS. BELIEVED THAT THE BID WAS ERRONEOUS. IN SUPPORT OF ITS STATEMENT AS TO HOW IT ASSUMED THE ERROR WAS MADE. ALTHOUGH THERE IS LITTLE. ROOM FOR DOUBT THAT A BONA FIDE ERROR WAS MADE IN THE COMPANY'S BID AS ALLEGED. THE FACTS IN THIS CASE ARE NOT SUCH AS TO WARRANT A DEPARTURE FROM THE GENERAL RULE THAT BIDS MAY NOT BE CHANGED AFTER OPENING. SINCE IT WAS BELIEVED THAT THE BID WAS ERRONEOUS AND SINCE SUCH BELIEF WAS CONFIRMED AND THE ERROR WAS EXPLAINED IN A LETTER FROM THE COMPANY PRIOR TO AWARD. ARE RETURNED.

B-127477, APR. 6, 1956

TO THE HONORABLE RAYMOND BLATTENBERGER, PUBLIC PRINTER:

REFERENCE IS MADE TO YOUR LETTER OF APRIL 2, 1956, WITH ENCLOSURES, REQUESTING A DECISION AS TO WHETHER AN UNDATED BID SUBMITTED BY GREENLEIGH PRINTING COMPANY ON JACKET NO. 376871 MAY BE DISREGARDED IN VIEW OF THE COMPANY'S ALLEGATION OF ERROR.

THE COMPANY'S BID OF $238 WAS CONSIDERABLY LOWER THAN THE GOVERNMENT'S ESTIMATE OF $315.55 AND THE SIX OTHER BIDS, RANGING FROM $308.48 TO $529.92 FOR THE JOB. YOU STATE THAT THE CONTRACTING OFFICER NOTED THIS VARIANCE, BELIEVED THAT THE BID WAS ERRONEOUS, AND REQUESTED THE COMPANY TO REVIEW THE SPECIFICATIONS AND VERIFY ITS BID PRICE. BY TELEPHONE CONVERSATION AND BY CONFIRMING LETTER DATED MARCH 23, 1956, THE COMPANY ADVISED THAT AN ERROR HAD BEEN MADE IN ITS BID IN THAT ITS OFFICE GIRL APPARENTLY HAD BEEN CONFUSED IN PREPARING THE BID, SINCE SHE USED FIGURES IDENTICAL TO THOSE APPEARING ON AN OLD BID ESTIMATE SHEET FOR JACKET NO. 328797 (FEBRUARY 1955) INSTEAD OF THE FIGURES APPEARING ON THE PREPARED AND APPLICABLE ESTIMATE SHEET DATED MARCH 9, 1956, FOR JACKET NO. 376871. IN SUPPORT OF ITS STATEMENT AS TO HOW IT ASSUMED THE ERROR WAS MADE, THE COMPANY FORWARDED THE TWO ESTIMATE SHEETS REFERRED TO.

ALTHOUGH THERE IS LITTLE, IF ANY, ROOM FOR DOUBT THAT A BONA FIDE ERROR WAS MADE IN THE COMPANY'S BID AS ALLEGED, THE FACTS IN THIS CASE ARE NOT SUCH AS TO WARRANT A DEPARTURE FROM THE GENERAL RULE THAT BIDS MAY NOT BE CHANGED AFTER OPENING. HOWEVER, SINCE IT WAS BELIEVED THAT THE BID WAS ERRONEOUS AND SINCE SUCH BELIEF WAS CONFIRMED AND THE ERROR WAS EXPLAINED IN A LETTER FROM THE COMPANY PRIOR TO AWARD, THE BID OF THE GREENLEIGH PRINTING COMPANY MAY BE DISREGARDED IN MAKING THE AWARD.

THE PAPERS, WITH THE EXCEPTION OF THE COMPANY'S LETTER OF MARCH 23, 1956, AND ITS TWO ESTIMATE SHEETS, ARE RETURNED, AS REQUESTED.