B-127503, APR. 12, 1956

B-127503: Apr 12, 1956

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PUBLIC PRINTER: REFERENCE IS MADE TO YOUR LETTER OF APRIL 5. THERE IS NO DOUBT THAT A BONA FIDE ERROR WAS MADE BY THE COMPANY IN COMPUTING ITS BID PRICE. SINCE IT WAS BELIEVED THAT THE BID WAS ERRONEOUS AND SINCE SUCH BELIEF WAS CONFIRMED BY LETTER FROM THE COMPANY PRIOR TO AWARD. ARE RETURNED AS REQUESTED.

B-127503, APR. 12, 1956

TO HONORABLE RAYMOND BLATTENBERGER, PUBLIC PRINTER:

REFERENCE IS MADE TO YOUR LETTER OF APRIL 5, 1956, WITH ENCLOSURES, REQUESTING A DECISION AS TO WHETHER A BID DATED MARCH 26, 1956, SUBMITTED BY COURIER-JOURNAL LITHOGRAPHING CO. MAY BE DISREGARDED IN VIEW OF THE BIDDER'S ALLEGATION OF ERROR.

ON THE BASIS OF THE FACTS AND EVIDENCE OF RECORD, INCLUDING THE DISCREPANCY BETWEEN THE COMPANY'S BID AND THE OTHER BIDS RECEIVED AND THE BID ESTIMATE SHEET FURNISHED IN SUPPORT OF ITS ALLEGATION OF ERROR, THERE IS NO DOUBT THAT A BONA FIDE ERROR WAS MADE BY THE COMPANY IN COMPUTING ITS BID PRICE.

ACCORDINGLY, SINCE IT WAS BELIEVED THAT THE BID WAS ERRONEOUS AND SINCE SUCH BELIEF WAS CONFIRMED BY LETTER FROM THE COMPANY PRIOR TO AWARD, THE BID OF COURIER-JOURNAL LITHOGRAPHING CO. SHOULD BE DISREGARDED IN MAKING THE AWARD--- THE FACTS AND CIRCUMSTANCES NOT BEING SUCH AS TO WARRANT A DEPARTURE FROM THE GENERAL RULE THAT BIDS MAY NOT BE CHANGED AFTER OPENING.

THE PAPERS, WITH THE EXCEPTION OF THE COMPANY'S LETTER OF MARCH 28, 1956, AND ITS ESTIMATE SHEET, ARE RETURNED AS REQUESTED.