B-141100, NOV. 10, 1959

B-141100: Nov 10, 1959

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MAY BE CANCELLED BECAUSE OF A MISTAKE ALLEGED TO HAVE BEEN MADE BY THE CONTRACTOR IN THE SUBMISSION OF ITS BID. SHIPMENT WAS TO BE MADE ON OR BEFORE NOVEMBER 9. IT IS STATED THAT BIDS WERE OPENED ON OCTOBER 5. THAT IN RESPONSE TO THE INVITATION TWO BIDS WERE RECEIVED. THAT AWARD WAS MADE TO CONSOLIDATED AS THE LOW BIDDER. IN THE AMOUNT OF $812.25 WAS ISSUED TO CONSOLIDATED. IT IS STATED FURTHER THAT ON OCTOBER 16. A BLANK SEGMENT IS PERMITTED. SUCH PROVISO WAS INADVERTENTLY OMITTED FROM ITS PROPOSAL. THE FOREGOING STATEMENTS OF THE BIDDER ARE CONFIRMED IN ITS LETTER OF OCTOBER 16. IT IS STATED. THAT YOUR EQUIPMENT RECORD WAS NOT REVIEWED BEFORE THE PURCHASE ORDER WAS ISSUED AND FORWARDED TO CONSOLIDATED AND THAT THE CONTRACTING OFFICER IS OF THE VIEW THAT AN ERROR OF OMISSION DID OCCUR EVEN THOUGH THE BID SUBMITTED BY CONSOLIDATED SPECIFICALLY OFFERED TO FURNISH CONTINUOUS 8 BY 10 1/2 INCH FORMS.

B-141100, NOV. 10, 1959

TO HONORABLE RAYMOND BLATTENBERGER, PUBLIC PRINTER:

YOUR LETTER OF OCTOBER 26, 1959, WITH ENCLOSURE, REQUESTS OUR DECISION WHETHER THE CONTRACT ENTERED INTO ON OCTOBER 7, 1959, WITH CONSOLIDATED BUSINESS SYSTEMS, INC., MAY BE CANCELLED BECAUSE OF A MISTAKE ALLEGED TO HAVE BEEN MADE BY THE CONTRACTOR IN THE SUBMISSION OF ITS BID.

YOU STATE THAT ON SEPTEMBER 22, 1959, THE GOVERNMENT PRINTING OFFICE ADVERTISED FOR PRICES ON THE PRODUCTION OF 24,000 (PLUS OR MINUS 4 PERCENT ON EACH ITEM) OF A CONTINUOUS STRIP FORM CARBON INTERLEAVED, OVERALL TRIM SIZE 8 BY 10 1/2 INCHES, THE TOTAL NUMBER OF FORMS TO CONSIST OF THREE DIFFERENT SETS. SHIPMENT WAS TO BE MADE ON OR BEFORE NOVEMBER 9, 1959, F.O.B. DESTINATION. IT IS STATED THAT BIDS WERE OPENED ON OCTOBER 5, 1959; THAT IN RESPONSE TO THE INVITATION TWO BIDS WERE RECEIVED, ONE FROM CONSOLIDATED BUSINESS SYSTEMS, INC. FOR $812.25 AND THE OTHER FROM M. G. LEWIS PRINTING COMPANY FOR $1,119.27; THAT AWARD WAS MADE TO CONSOLIDATED AS THE LOW BIDDER; AND THAT PURCHASE ORDER NO. 7074, DATED OCTOBER 9, 1959, IN THE AMOUNT OF $812.25 WAS ISSUED TO CONSOLIDATED.

IT IS STATED FURTHER THAT ON OCTOBER 16, 1959, A REPRESENTATIVE OF CONSOLIDATED INFORMED THE CONTRACTING OFFICER BY TELEPHONE THAT CONSOLIDATED WOULD LIKE TO BE RELIEVED FROM PERFORMING THE ORDER BECAUSE IT COULD NOT PRODUCE A CONTINUOUS FORM OF 10 1/2 INCHES IN DEPTH AS REQUIRED BY THE SPECIFICATIONS UNLESS THE GOVERNMENT WOULD ALLOW A ONE- HALF INCH BLANK SEGMENT IN EVERY SET; THAT THE BIDDER'S REPRESENTATIVE STATED THAT QUITE FREQUENTLY IN GOVERNMENT PROCUREMENT, A BLANK SEGMENT IS PERMITTED; AND THAT WHILE THE BIDDERS INTENDED TO BID WITH THIS PROVISO, SUCH PROVISO WAS INADVERTENTLY OMITTED FROM ITS PROPOSAL. THE FOREGOING STATEMENTS OF THE BIDDER ARE CONFIRMED IN ITS LETTER OF OCTOBER 16, 1959.

YOU STATE THAT THE CONTRACTING OFFICER REQUESTED THE CIVIL SERVICE COMMISSION, THE REQUISITIONING AGENCY, FOR ADVICE AS TO WHETHER OR NOT IT COULD USE THE CONTINUOUS FORMS IF THEY INCLUDED A ONE-HALF INCH BLANK SEGMENT IN EVERY SET AND THAT THE COMMISSION REPLIED THAT IT COULD NOT USE FORMS OF THAT TYPE. YOU FURTHER STATE THAT THE GOVERNMENT PRINTING OFFICE MAINTAINS AN EQUIPMENT FILE FOR EACH OF ITS PROSPECTIVE BIDDERS CONTAINING THE TYPES AND SIZES OF EQUIPMENT IN THEIR PLANTS AND THAT A REVIEW OF THE CONSOLIDATED FILE FAILS TO SHOW A PRINTING PRESS LISTED CAPABLE OF PRINTING AND PRODUCING AN 8 BY 10 1/2 INCH CONTINUOUS FORM. IT IS STATED, HOWEVER, THAT YOUR EQUIPMENT RECORD WAS NOT REVIEWED BEFORE THE PURCHASE ORDER WAS ISSUED AND FORWARDED TO CONSOLIDATED AND THAT THE CONTRACTING OFFICER IS OF THE VIEW THAT AN ERROR OF OMISSION DID OCCUR EVEN THOUGH THE BID SUBMITTED BY CONSOLIDATED SPECIFICALLY OFFERED TO FURNISH CONTINUOUS 8 BY 10 1/2 INCH FORMS.

SINCE THERE APPEARS LITTLE DOUBT THAT CONSOLIDATED DOES NOT POSSESS THE EQUIPMENT REQUIRED TO PRODUCE THE INVOLVED FORM, THE RECORD IS SUFFICIENTLY CONVINCING TO JUSTIFY CANCELLATION OF THE NOTICE OF AWARD WITHOUT LIABILITY TO CONSOLIDATED.

WITH THE EXCEPTION OF THE LETTER OF OCTOBER 16, 1959, FROM CONSOLIDATED, THE ENCLOSURES WITH YOUR LETTER ARE RETURNED.