B-127607, APR. 30, 1956

B-127607: Apr 30, 1956

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REGION 1: REFERENCE IS MADE TO YOUR LETTER OF APRIL 12. AMOUNT BID" WAS LEFT BLANK. WHILE IT IS TRUE THAT THE AMOUNT OFFERED WAS NOT INSERTED IN THE PROPER SPACE. THE BID DID CONTAIN THE STATEMENT "ENCLOSED IS CERTIFIED CHECK DRAWN ON METROPOLITAN BRANCH. IN THE ABSENCE OF ANY STATEMENT TO THE CONTRARY IT IS ASSUMED THAT THE CHECK REFERRED TO WAS ENCLOSED WITH THE BID FORM. THAT THE BID FORM AND CHECK WERE RECEIVED IN A SEALED ENVELOPE ADDRESSED TO THE PROJECT MANAGER AND BEARING THE NOTATION "BID FOR PURCHASE OF BLOCK 143. THAT YOU HAVE BEEN FURNISHED EVIDENCE OR ARE OTHERWISE SATISFIED AS TO THE AUTHORITY OF THE AGENT.

B-127607, APR. 30, 1956

TO MR. H. J. NELSON, CONTRACTING OFFICER, BUREAU OF RECLAMATION, REGION 1:

REFERENCE IS MADE TO YOUR LETTER OF APRIL 12, 1956, WITH ENCLOSURE, REQUESTING A DECISION AS TO WHETHER A BID DATED MARCH 30, 1956, SUBMITTED IN BEHALF OF ARCHIE H. STEWART, BY HIS ALLEGED AGENT, HAROLD A. LYONS, MAY BE DISREGARDED FOR THE REASON THAT THE SPACE THEREIN PROVIDED FOR ,AMOUNT BID" WAS LEFT BLANK.

WHILE IT IS TRUE THAT THE AMOUNT OFFERED WAS NOT INSERTED IN THE PROPER SPACE, THE BID DID CONTAIN THE STATEMENT "ENCLOSED IS CERTIFIED CHECK DRAWN ON METROPOLITAN BRANCH, SEATTLE-FIRST NATIONAL BANK FOR $550 (10 PERCENT OF AMOUNT BID).' IN THE ABSENCE OF ANY STATEMENT TO THE CONTRARY IT IS ASSUMED THAT THE CHECK REFERRED TO WAS ENCLOSED WITH THE BID FORM; THAT THE BID FORM AND CHECK WERE RECEIVED IN A SEALED ENVELOPE ADDRESSED TO THE PROJECT MANAGER AND BEARING THE NOTATION "BID FOR PURCHASE OF BLOCK 143, OTHELLO, TO BE OPENED AT 2:00 P.M., PACIFIC STANDARD TIME, MARCH 30, 1956," AS REQUIRED BY THE INVITATION; AND THAT YOU HAVE BEEN FURNISHED EVIDENCE OR ARE OTHERWISE SATISFIED AS TO THE AUTHORITY OF THE AGENT, HAROLD A. LYONS, TO EXECUTE A BID IN THE NAME OF ARCHIE H. STEWART.

IN THESE CIRCUMSTANCES AND CONSIDERING THE RULE THAT A PROMISE NOT IN ITSELF CERTAIN MAY BE RENDERED CERTAIN BY REFERENCE TO SOMETHING CERTAIN (17 C.J.S. 369), IT IS CONCLUDED THAT THE BID IN QUESTION IS PROPERLY FOR CONSIDERATION AS A BID OF $5,500, AND THAT ITS ACCEPTANCE WOULD BIND THE BIDDER TO PAY THE BALANCE OF THAT AMOUNT AND TAKE THE PROPERTY IN ACCORDANCE WITH THE TERMS OF ..END :