B-127845, MAY 17, 1956

B-127845: May 17, 1956

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PUBLIC PRINTER: REFERENCE IS MADE TO YOUR LETTERS OF MAY 8. WAS BASED. ON THE BASIS OF THE FACTS AND EVIDENCE OF RECORD IN THIS CASE THERE IS NO DOUBT THAT AN ERROR WAS MADE BY THE CORPORATION. IS SUCH. THAT THE CONTRACTING OFFICER SHOULD HAVE TAKEN NOTICE OF THE PROBABILITY THAT AN ERROR HAD BEEN MADE AND. THE CORPORATION SHOULD HAVE BEEN REQUESTED TO VERIFY ITS BID PRICE PRIOR TO AWARD. SINCE THIS WAS NOT DONE. ARE RETURNED.

B-127845, MAY 17, 1956

TO HONORABLE RAYMOND BLATTENBERGER, PUBLIC PRINTER:

REFERENCE IS MADE TO YOUR LETTERS OF MAY 8, AND MAY 15, 1956, RELATIVE TO AN ALLEGED ERROR IN A BID DATED APRIL 24, 1956, SUBMITTED BY PRACTICAL OFFSET SERVICE, INC., ON WHICH UNNUMBERED CONTRACT, PURCHASE ORDER NO. 15465, DATED APRIL 30, 1956, WAS BASED.

ON THE BASIS OF THE FACTS AND EVIDENCE OF RECORD IN THIS CASE THERE IS NO DOUBT THAT AN ERROR WAS MADE BY THE CORPORATION, AS ALLEGED, IN COMPUTING ITS BID PRICE. THE DISPARITY BETWEEN ITS LOW BID OF $4,370, THE CORRECTED GOVERNMENT ESTIMATE OF $5,936.45 AND THE FIVE OTHER BIDS RECEIVED, RANGING FROM $5,158 TO $5,845.85, IS SUCH, CONSIDERING THE TYPE OF WORK INVOLVED, THAT THE CONTRACTING OFFICER SHOULD HAVE TAKEN NOTICE OF THE PROBABILITY THAT AN ERROR HAD BEEN MADE AND, THEREFORE, THE CORPORATION SHOULD HAVE BEEN REQUESTED TO VERIFY ITS BID PRICE PRIOR TO AWARD. SINCE THIS WAS NOT DONE, THE ACCEPTANCE OF THE BID IN THIS CASE DID NOT CONSUMMATE A VALID AND BINDING CONTRACT.

ACCORDINGLY, SINCE YOU STATE THE WORK HAS NOT BEEN COMMENCED, THE AWARD AND THE ABOVE-CITED PURCHASE ORDER SHOULD BE CANCELLED.

THE PAPERS FORWARDED WITH YOUR LETTER OF MAY 8, 1956, WITH THE EXCEPTION OF THE CORPORATION'S LETTER OF MAY 1, 1956, AND ITS TWO WORKSHEETS, ARE RETURNED, AS REQUESTED.