B-132601, JUL. 26, 1957

B-132601: Jul 26, 1957

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TO THE SECRETARY OF AGRICULTURE: REFERENCE IS MADE TO YOUR LETTER DATED JULY 17. REQUESTING A DECISION AS TO THE ACTION TO BE TAKEN RELATIVE TO AN ERROR ALLEGED BY THE AMERICAN BUILDING MAINTENANCE COMPANY TO HAVE BEEN MADE ON ITS BID ON WHICH CONTRACT NO. 12-33-001 2993. WAS AWARDED. THE BID OF THE COMPANY WAS ACCEPTED BY TELEGRAM OF JUNE 28. THE CONTRACTOR NOTIFIED THE CONTRACTING OFFICER THAT IT HAD MADE AN ERROR IN ITS BID IN THAT THE PRICE BID WAS FOR SERVICING THE TWO FLOORS IT HAD SERVICED THE PREVIOUS YEAR AND THAT AT THE TIME THE BID WAS MADE IT WAS NOT AWARE THAT SPACE ON THE THIRD FLOOR HAD BEEN INCLUDED IN THE INVITATION. THE POSSIBILITY OF ERROR WAS APPARENT AND. THE BID SHOULD NOT HAVE BEEN ACCEPTED WITHOUT REQUESTING THE COMPANY TO VERIFY ITS BID.

B-132601, JUL. 26, 1957

TO THE SECRETARY OF AGRICULTURE:

REFERENCE IS MADE TO YOUR LETTER DATED JULY 17, 1957, WITH ENCLOSURES, REQUESTING A DECISION AS TO THE ACTION TO BE TAKEN RELATIVE TO AN ERROR ALLEGED BY THE AMERICAN BUILDING MAINTENANCE COMPANY TO HAVE BEEN MADE ON ITS BID ON WHICH CONTRACT NO. 12-33-001 2993, DATED JUNE 28, 1957, WAS AWARDED.

BY INVITATION NO. GSS-20-58-DC, DATED JUNE 18, 1957, THE UNITED STATES DEPARTMENT OF AGRICULTURE, COMMODITY STABILIZATION SERVICE, ADMINISTRATIVE SERVICES DIVISION, REQUESTED BIDS FOR THE FURNISHING OF LABOR AND MATERIAL TO PERFORM JANITORIAL SERVICES IN CERTAIN SPACES OCCUPIED BY THE AGRICULTURAL STABILIZATION AND CONSERVATION COMMITTEE, COLLEGE FARM, NEW BRUNSWICK, NEW JERSEY. IN RESPONSE, THE AMERICAN BUILDING MAINTENANCE COMPANY SUBMITTED A BID OF $118 PER MONTH. THE BID OF THE COMPANY WAS ACCEPTED BY TELEGRAM OF JUNE 28, 1957.

BY LETTER OF JULY 1, 1957, THE CONTRACTOR NOTIFIED THE CONTRACTING OFFICER THAT IT HAD MADE AN ERROR IN ITS BID IN THAT THE PRICE BID WAS FOR SERVICING THE TWO FLOORS IT HAD SERVICED THE PREVIOUS YEAR AND THAT AT THE TIME THE BID WAS MADE IT WAS NOT AWARE THAT SPACE ON THE THIRD FLOOR HAD BEEN INCLUDED IN THE INVITATION.

IN VIEW OF THE DIFFERENCE BETWEEN THE COMPANY'S BID OF $118 PER MONTH AND THE ONLY OTHER BID RECEIVED, IN THE AMOUNT OF $190, AND THE FACT THAT THE COMPANY HAD CONTRACTED THE PREVIOUS YEAR FOR SERVICING ONLY TWO FLOORS IN THE SAME BUILDING FOR $119 PER MONTH, THE POSSIBILITY OF ERROR WAS APPARENT AND, IN THE CIRCUMSTANCES, THE BID SHOULD NOT HAVE BEEN ACCEPTED WITHOUT REQUESTING THE COMPANY TO VERIFY ITS BID.

ACCORDINGLY, THE CONTRACT SHOULD BE CANCELED WITHOUT LIABILITY TO THE COMPANY.