B-129318, OCT. 2, 1956

B-129318, OCT. 2, 1956

TO HONORABLE RAYMOND BLATTENBERGER:

REFERENCE IS MADE TO YOUR LETTER OF SEPTEMBER 25, 1956, WITH ENCLOSURES, REQUESTING A DECISION AS TO THE ACTION TO BE TAKEN CONCERNING ERRORS ALLEGED BY E. HERBERT ZIMMERMANN, INC., BALTIMORE, MARYLAND, AND THE GREENLEIGH PRINTING COMPANY, NEW YORK, NEW YORK, TO HAVE BEEN MADE IN THEIR BIDS OPENED ON SEPTEMBER 11, 1956.

THE GOVERNMENT PRINTING OFFICE REQUESTED BIDS UNDER JACKET NO. 396969, FOR FURNISHING 7,000 SETS OF A 3-PART PREPRINTED, DIE IMPRESSED, LIQUID PROCESS, DUPLICATING MASTER SET FOR SHIPMENT ON OR BEFORE OCTOBER 19, 1956. IN RESPONSE E. HERBERT ZIMMERMANN, INC., SUBMITTED A BID DATED SEPTEMBER 6, 1956, OFFERING TO FURNISH THE FORMS FOR THE LUMP-SUM OF $180; AND THE GREENLEIGH PRINTING COMPANY SUBMITTED A BID DATED SEPTEMBER 5, 1956, OFFERING TO FURNISH THE FORMS FOR THE LUMP-SUM OF $228.

YOU STATE THAT, AFTER THE BIDS WERE OPENED, E. HERBERT ZIMMERMANN, INC., WAS ADVISED INFORMALLY THAT AWARD WOULD BE MADE TO THEM AS LOW BIDDER; THAT UPON RECEIPT OF THIS INFORMATION, THE CORPORATION CHECKED ITS BID AND IMMEDIATELY TELEPHONED ALLEGING THAT AN ERROR HAD BEEN MADE BY ITS TYPIST IN TRANSFERRING ITS BID PRICE FROM ITS ESTIMATE SHEET TO THE BID FORM SUBMITTED; AND THAT THE CORRECT PRICE FOR THE FORMS IS $280 AND NOT $180 AS SHOWN IN ITS BID. YOU ALSO STATE THAT BY CONFIRMING LETTER DATED SEPTEMBER 13, 1956, E. HERBERT ZIMMERMANN, INC., REQUESTED THAT IT BE PERMITTED TO WITHDRAW ITS BID ON THE JOB AND THAT IN SUPPORT OF ITS ALLEGATION OF ERROR, THE CORPORATION SUBMITTED ITS ORIGINAL ESTIMATE SHEET WHICH SHOWS A PRICE OF $280 FOR THE JOB.

IT IS STATED FURTHER IN YOUR LETTER THAT BECAUSE OF THE ERROR ALLEGED BY E. HERBERT ZIMMERMANN, INC., TO HAVE BEEN MADE IN ITS BID, THE CONTRACTING OFFICER ADVISED THE NEXT LOW BIDDER, GREENLEIGH PRINTING COMPANY, BY LETTER, THAT AWARD WAS BEING DELAYED ON THIS JOB FOR APPROXIMATELY TWO WEEKS AND THAT HE REQUESTED ADVICE FROM THE COMPANY WHETHER THERE WOULD BE ANY REASON FOR THEIR NOT ACCEPTING AWARD ON THIS JOB IF THE AWARD WERE NOT MADE IMMEDIATELY.

BY LETTER DATED SEPTEMBER 19, 1956, THE GREENLEIGH PRINTING COMPANY ADVISED AS FOLLOWS:

"WE HAVE REVIEWED THE SPECIFICATIONS OF THE ABOVE UPON THE RECEIPT OF YOUR LETTER. THE SPECIFICATIONS WERE NOT CLEAR TO US. WE PREVIOUSLY PRODUCED THIS FORM (JACKET NO. 337063-APRIL 1955), AND SUBSEQUENTLY QUOTED UPON OTHER JACKETS FOR THE SAME FORM. THESE PRIOR JOBS CONSISTED ONLY OF THE MASTER UNIT, AND THE SECTIONS OF THE MASTER UNIT WERE CALLED "PART NO. 1 - PART NO. 2 - PART NO. 3.'

"IN THE NEW SPECIFICATIONS 3 PARTS ARE ALSO LISTED, BUT THIS TIME THE IDENTITY OF THE "PARTS" IS DIFFERENT. ACTUALLY, THERE ARE 5 LEAFS TO THE SET NOW, COUNTING THE CARBON AND SMUDGE SHEET. OUR QUOTATION WAS BASED ONLY UPON A REGULAR 3 PART MASTER UNIT: DUPLICATING MASTER, SMUDGE SHEET, LIQUID PROCESS DUPLICATING CARBON. WE, THEREFORE,RESPECTFULLY DECLINE THE OFFER TO PRODUCE THE JOB AS THE SECOND LOW BIDDER.

"UNDER THESE NEW SPECIFICATIONS, OUR QUOTE SHOULD BE $315.00 FOR THE 7,000 WITH ADDITIONAL THOUSANDS AT $41.00. WE WOULD BE PLEASED TO PRODUCE THE ORDER FOR THESE PRICES.'

THE LIST OF BIDS IN YOUR LETTER SHOWS THAT THE TWO OTHER BIDDERS ON THE JOB QUOTED PRICES OF $319.83 AND $407.05. THUS, THE BIDS OF E. HERBERT ZIMMERMANN, INC., AND THE GREENLEIGH PRINTING COMPANY OF $180 AND $228, RESPECTIVELY, ARE SUBSTANTIALLY BELOW THE OTHER BIDS RECEIVED ON THE JOB.

ON THE BASIS OF THE FACTS AND EVIDENCE OF RECORD, THERE APPEARS NO ROOM FOR DOUBT THAT E. HERBERT ZIMMERMANN, INC., AND THE GREENLEIGH PRINTING COMPANY MADE ERRORS IN THEIR BIDS, AS ALLEGED. HOWEVER, THE CIRCUMSTANCES ARE NOT SUCH AS WOULD WARRANT A DEPARTURE FROM THE BASIC RULE THAT BIDS MAY NOT BE CHANGED AFTER THE BIDS HAVE BEEN OPENED. SEE 17 COMP. GEN. 575.

ACCORDINGLY, SINCE THE ERRORS WERE ALLEGED AND EXPLAINED BY THE BIDDERS PRIOR TO AWARD, THE BIDS OF E. HERBERT ZIMMERMANN, INC., AND THE GREENLEIGH PRINTING COMPANY MAY BE DISREGARDED IN MAKING THE AWARD.

THE PAPERS, WITH THE EXCEPTION OF THE BIDDERS' LETTERS AND THE ESTIMATE SHEET OF E. HERBERT ZIMMERMANN, INC., ARE RETURNED.