B-134283, NOV. 14, 1957

B-134283: Nov 14, 1957

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GOVERNMENT PRINTING OFFICE: REFERENCE IS MADE TO YOUR LETTER OF NOVEMBER 1. BECAUSE OF AN ERROR ALLEGED BY THE COMPANY TO HAVE BEEN MADE THEREIN. EIGHT OTHER BIDS WERE RECEIVED. WHEN THE BIDS WERE EXAMINED THE CONTRACTING OFFICER NOTED THAT THE BID OF $300.34 FROM THE HURLEY COMPANY MIGHT POSSIBLY BE IN ERROR BECAUSE IT WAS OUT OF LINE WITH THE OTHER BIDS RECEIVED AND WITH THE GOVERNMENT PRINTING OFFICE ESTIMATE OF $573.97. THE COMPANY WAS REQUESTED TO REVIEW THE SPECIFICATIONS ON THIS JOB AND TO CONFIRM ITS BID PRICE. THE COMPANY SUBMITTED ITS ESTIMATE SHEET ON WHICH ITS ORIGINAL QUOTATION WAS BASED AND ALSO A REVISED ESTIMATE SHEET WHICH WAS MADE UP AFTER REVIEW OF THE SPECIFICATIONS. THE CONTRACTING OFFICER HAS STATED FURTHER THAT THE ORIGINAL BID PRICE OF $300.34 IS NOT A FAIR AND REASONABLE PRICE TO PAY FOR THE WORK AS DESCRIBED IN THE SPECIFICATIONS.

B-134283, NOV. 14, 1957

TO HONORABLE RAYMOND BLATTENBERGER, PUBLIC PRINTER, GOVERNMENT PRINTING OFFICE:

REFERENCE IS MADE TO YOUR LETTER OF NOVEMBER 1, 1957, WITH ENCLOSURES, REQUESTING A DECISION AS TO WHETHER THERE MAY BE DISREGARDED THE BID DATED OCTOBER 2, 1957, SUBMITTED BY THE HURLEY COMPANY, INC., CAMDEN, ARKANSAS, BECAUSE OF AN ERROR ALLEGED BY THE COMPANY TO HAVE BEEN MADE THEREIN.

ON SEPTEMBER 25, 1957, THE GOVERNMENT PRINTING OFFICE REQUESTED BIDS, UNDER JACKET NO. 431982, FOR THE PRODUCTION OF 160,000 FORMS TO BE PRINTED TWO SIDES, FLAT TRIM SIZE TO BE 8 1/2 IN. BY 27 3/4 IN. AND FOLDED TO 8 1/2 IN. BY 13 7/8 IN.' IN RESPONSE TO THE INVITATION, THE HURLEY COMPANY, INC., SUBMITTED A BID DATED OCTOBER 2, 1957, IN THE AMOUNT OF $300.34 FOR THE LOT OF 160,000 FORMS. EIGHT OTHER BIDS WERE RECEIVED, RANGING FROM $504 TO $810.

WHEN THE BIDS WERE EXAMINED THE CONTRACTING OFFICER NOTED THAT THE BID OF $300.34 FROM THE HURLEY COMPANY MIGHT POSSIBLY BE IN ERROR BECAUSE IT WAS OUT OF LINE WITH THE OTHER BIDS RECEIVED AND WITH THE GOVERNMENT PRINTING OFFICE ESTIMATE OF $573.97. BY TELEGRAM OF OCTOBER 28, 1957, THE COMPANY WAS REQUESTED TO REVIEW THE SPECIFICATIONS ON THIS JOB AND TO CONFIRM ITS BID PRICE. ON THE SAME DAY, BY TELEGRAM AND CONFIRMING LETTER, THE HURLEY COMPANY, INC., ADVISED THAT UPON REVIEW OF THE SPECIFICATIONS AN ERROR HAD BEEN FOUND IN ITS BID BECAUSE OF AN ERRONEOUS ESTIMATE OF PRESS TIME AS 30 UNITS INSTEAD OF 350 UNITS, WHICH WOULD RESULT IN AN INCREASE COST OF INK ALSO. THE COMPANY STATED THAT ITS BID PRICE SHOULD BE $717.33. SUPPORT OF ITS ALLEGATION OF ERROR AND THE INCREASED BID PRICE, THE COMPANY SUBMITTED ITS ESTIMATE SHEET ON WHICH ITS ORIGINAL QUOTATION WAS BASED AND ALSO A REVISED ESTIMATE SHEET WHICH WAS MADE UP AFTER REVIEW OF THE SPECIFICATIONS. THE CONTRACTING OFFICER BELIEVES THE BID FROM THE HURLEY COMPANY TO BE ERRONEOUS ALSO BECAUSE THE PRODUCTION OF THIS WORK WOULD REQUIRE 80,000 IMPRESSIONS (350 UNITS) RATHER THAN 8,000 IMPRESSIONS (30 UNITS) AS INCLUDED IN THE BIDDER'S ORIGINAL ESTIMATE SHEET. THE CONTRACTING OFFICER HAS STATED FURTHER THAT THE ORIGINAL BID PRICE OF $300.34 IS NOT A FAIR AND REASONABLE PRICE TO PAY FOR THE WORK AS DESCRIBED IN THE SPECIFICATIONS.

ON THE RECORD, THERE IS NO ROOM FOR DOUBT THAT THE COMPANY MADE AN ERROR IN ITS BID, AS ALLEGED. ACCORDINGLY, SINCE IT WAS BELIEVED THAT THE BID OF THE HURLEY COMPANY, INC., WAS ERRONEOUS, AND SUCH BELIEF WAS CONFIRMED AND THE ERROR EXPLAINED BY THE BIDDER PRIOR TO AWARD, THE BID OF THE COMPANY MAY BE DISREGARDED. IN THE EVENT AN AWARD IS MADE TO ANOTHER BIDDER UNDER THE SUBJECT INVITATION, A REFERENCE TO THIS DECISION SHOULD BE MADE ON THE CONTRACT OR VOUCHERS COVERING PAYMENT IN THE MATTER.

THE PAPERS, WITH THE EXCEPTION OF THE COMPANY'S TELEGRAM AND LETTER DATED OCTOBER 28, 1957, ARE RETURNED.