B-127881, MAY 16, 1956

B-127881: May 16, 1956

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PUBLIC PRINTER: REFERENCE IS MADE TO YOUR LETTER OF MAY 8. THE SPECIFICATIONS ACCOMPANYING THE BID INVITATION PROVIDED THAT THE CONTRACTOR WILL FURNISH THE NECESSARY PAPER STOCK AND SHIPPING CARTONS. THE GOVERNMENT PRINTING OFFICE WILL FURNISH THE NECESSARY PAPER STOCK AND CARTONS. THAT IF THE GOVERNMENT PRINTING OFFICE IS TO FURNISH THE PAPER STOCK AND CARTONS. NO STATEMENT WAS MADE IN THE BID THAT THE GOVERNMENT PRINTING OFFICE WAS TO FURNISH THE PAPER STOCK AND CARTONS AND. THE PAPER STOCK AND CARTONS WERE TO BE FURNISHED BY THE BIDDER. YOU STATE THAT WHEN THE BIDS WERE OPENED THE CONTRACTING OFFICER SUSPECTED THAT THE FEDERAL LITHOGRAPH COMPANY HAD MADE AN ERROR SINCE ITS BID PRICE WAS UNUSUALLY LOW IN COMPARISON WITH THE OTHER BIDS SUBMITTED BY BIDDERS WHO OFFERED TO FURNISH THE PAPER STOCK AND CARTONS.

B-127881, MAY 16, 1956

TO HONORABLE RAYMOND BLATTENBERGER, PUBLIC PRINTER:

REFERENCE IS MADE TO YOUR LETTER OF MAY 8, 1956, WITH ENCLOSURES, REQUESTING A DECISION AS TO THE ACTION TO BE TAKEN CONCERNING AN ERROR THE FEDERAL LITHOGRAPH COMPANY ALLEGES IT MADE IN ITS BID OPENED ON APRIL 27, 1956.

THE GOVERNMENT PRINTING OFFICE REQUESTED BIDS UNDER JACKET NO. 381230 FOR THE PRODUCTION OF 700,000 SADDLE STITCHED PAMPHLETS, EACH CONTAINING 24 PAGES, SELF COVER, FOR SHIPMENT ON OR BEFORE JUNE 20, 1956. THE SPECIFICATIONS ACCOMPANYING THE BID INVITATION PROVIDED THAT THE CONTRACTOR WILL FURNISH THE NECESSARY PAPER STOCK AND SHIPPING CARTONS, OR THAT, AT THE CONTRACTOR'S OPTION, THE GOVERNMENT PRINTING OFFICE WILL FURNISH THE NECESSARY PAPER STOCK AND CARTONS, AND THAT IF THE GOVERNMENT PRINTING OFFICE IS TO FURNISH THE PAPER STOCK AND CARTONS, THE BIDDER MUST DEFINITELY SO STATE IN HIS BID.

IN RESPONSE TO THE INVITATION, THE FEDERAL LITHOGRAPH COMPANY SUBMITTED A BID DATED APRIL 26, 1956, OFFERING TO FURNISH 700,000 COPIES OF THE PAMPHLET FOR THE SUM OF $6,934. NO STATEMENT WAS MADE IN THE BID THAT THE GOVERNMENT PRINTING OFFICE WAS TO FURNISH THE PAPER STOCK AND CARTONS AND, THEREFORE, UNDER THE TERMS OF THE SPECIFICATIONS, THE PAPER STOCK AND CARTONS WERE TO BE FURNISHED BY THE BIDDER. THE FOUR BIDDERS WHO OFFERED TO FURNISH THE PAPER STOCK AND CARTONS SPECIFIED PRICES OF $9,310, $9,825, $10,340, AND $11,779.

YOU STATE THAT WHEN THE BIDS WERE OPENED THE CONTRACTING OFFICER SUSPECTED THAT THE FEDERAL LITHOGRAPH COMPANY HAD MADE AN ERROR SINCE ITS BID PRICE WAS UNUSUALLY LOW IN COMPARISON WITH THE OTHER BIDS SUBMITTED BY BIDDERS WHO OFFERED TO FURNISH THE PAPER STOCK AND CARTONS. UPON BEING REQUESTED TO REVIEW THE SPECIFICATIONS AND TO CONFIRM ITS BID PRICE, A REPRESENTATIVE OF THE COMPANY ADVISED BY TELEPHONE THAT AN ERROR HAD BEEN MADE IN THE COMPANY'S BID IN THAT IT HAD FAILED TO INCLUDE THE PROVISO THAT THE GOVERNMENT PRINTING OFFICE WAS TO FURNISH THE PAPER STOCK AND CARTONS. BY LETTER DATED MAY 1, 1956, THE COMPANY CONFIRMED ITS VERBAL ALLEGATION OF ERROR AND IN SUPPORT THEREOF SUBMITTED ITS ORIGINAL ESTIMATE SHEET. ON THE TOP OF SUCH SHEET IS A NOTE WHICH READS AS FOLLOWS--- "WILL NOT SUPPLY PAPER AND CTN.'

ON THE BASIS OF THE FACTS AND EVIDENCE OF RECORD, THERE IS NO DOUBT THAT THE COMPANY MADE AN ERROR IN ITS BID, AS ALLEGED. ACCORDINGLY, SINCE IT WAS BELIEVED THAT THE BID WAS ERRONEOUS AND SINCE SUCH BELIEF WAS CONFIRMED AND THE ERROR WAS EXPLAINED BY THE COMPANY PRIOR TO AWARD, THE BID MAY BE DISREGARDED IN MAKING THE AWARD.