B-136347, JUN. 18, 1958

B-136347: Jun 18, 1958

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THERE WAS FORWARDED TO US BY ARNDT AND DAY. SINCE TELEGRAPHIC BIDS WERE NOT FOR CONSIDERATION UNDER THE TERMS OF THE INVITATION. THE BIDS ON THE PROPER FORMS WERE RETURNED UNOPENED. WE WERE ADVISED INFORMALLY BY A MEMBER OF YOUR STAFF THAT THE PRIOR SUBMISSION OF THE BIDS BY TELEGRAM WOULD NOT BE REGARDED AS ADVERSELY AFFECTING OTHERWISE PROPER BIDS SUBSEQUENTLY SUBMITTED ON THE APPROPRIATE FORM. WE HAVE BEEN ADVISED ALSO. WHILE THE PROPER BIDS WERE RECEIVED AFTER THE TIME SCHEDULED FOR OPENING. THEY WERE MAILED IN TIME TO HAVE BEEN RECEIVED WITHIN THE PROPER TIME IN THE ORDINARY COURSE OF THE MAILS. STATEMENTS IN SUPPORT OF THIS POSITION FROM APPROPRIATE PERSONNEL OF THE POST OFFICE DEPARTMENT WERE SUBMITTED BY THE ATTORNEYS.

B-136347, JUN. 18, 1958

TO HONORABLE FRANKLIN FLOETE, GENERAL SERVICES ADMINISTRATION:

BY LETTER OF MAY 30, 1958, THERE WAS FORWARDED TO US BY ARNDT AND DAY, ATTORNEYS FOR THE FRAMAR MANUFACTURING COMPANY AND THE FRANKLIN PEN COMPANY, BIDS PREPARED IN RESPONSE TO INVITATION NO. FN6-W-303-A-4 29-58. THE LETTER STATED THAT THE CONTRACTING OFFICE HAD REFUSED TO ACCEPT BIDS FOR CONSIDERATION ON THE GROUNDS THAT TELEGRAPHIC BIDS SUBMITTED BY BOTH FIRMS PRIOR TO THE SUBMISSION OF BIDS ON THE PROPER FORM CONSTITUTED THE FORMAL OFFER AND THE BIDS ON THE USUAL FORM SIMPLY CONFIRMED THE TELEGRAMS; AND SINCE TELEGRAPHIC BIDS WERE NOT FOR CONSIDERATION UNDER THE TERMS OF THE INVITATION, THE BIDS ON THE PROPER FORMS WERE RETURNED UNOPENED. SUBSEQUENTLY, WE WERE ADVISED INFORMALLY BY A MEMBER OF YOUR STAFF THAT THE PRIOR SUBMISSION OF THE BIDS BY TELEGRAM WOULD NOT BE REGARDED AS ADVERSELY AFFECTING OTHERWISE PROPER BIDS SUBSEQUENTLY SUBMITTED ON THE APPROPRIATE FORM. WE CONCUR THAT THE SUBMISSION OF A TELEGRAPHIC BID WHERE UNAUTHORIZED MUST BE REGARDED AS A NULLITY HAVING NO EFFECT ON THE VALIDITY OF AN OTHERWISE PROPER BID SUBMITTED BY THE SAME BIDDER.

WE HAVE BEEN ADVISED ALSO, BY THE ATTORNEYS FOR THE BIDDERS, THAT, WHILE THE PROPER BIDS WERE RECEIVED AFTER THE TIME SCHEDULED FOR OPENING, THEY WERE MAILED IN TIME TO HAVE BEEN RECEIVED WITHIN THE PROPER TIME IN THE ORDINARY COURSE OF THE MAILS. STATEMENTS IN SUPPORT OF THIS POSITION FROM APPROPRIATE PERSONNEL OF THE POST OFFICE DEPARTMENT WERE SUBMITTED BY THE ATTORNEYS.

IN ACCORDANCE WITH THE FOREGOING, AND AS REQUESTED BY THE ATTORNEYS FOR THE BIDDERS, WE ARE FORWARDING THE TWO BIDS, TOGETHER WITH OTHER PERTINENT CORRESPONDENCE FOR SUCH ACTION AS YOU DEEM APPROPRIATE. IT IS REQUESTED THAT WE BE ADVISED AS TO THE ULTIMATE DISPOSITION OF THE BIDS.