B-141166, NOV. 18, 1959

B-141166: Nov 18, 1959

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DUER AND KOCH PAPER COMPANY MAY BE CANCELLED BECAUSE OF A MISTAKE ALLEGED TO HAVE BEEN MADE BY THE CONTRACTOR IN THE SUBMISSION OF ITS BID. IT IS STATED THAT BIDS WERE OPENED ON OCTOBER 15. TWO BIDS WERE RECEIVED ON ITEM 8. THAT AWARD WAS MADE TO BARTON. PURCHASE ORDER NO. 7508 WAS ISSUED TO THAT COMPANY. IT IS STATED FURTHER THAT ON OCTOBER 27. DUER AND KOCH PAPER COMPANY INFORMED THE CONTRACTING OFFICER BY TELEPHONE THAT HIS COMPANY WISHED TO HAVE THE PURCHASE ORDER CANCELLED BECAUSE IT WAS UNABLE TO FURNISH THE BINDER'S BOARD DESCRIBED IN THE SPECIFICATIONS FOR LOT NO. 372. ERRONEOUSLY ASSUMED THAT THE LOT NUMBER FOR THE BINDER'S BOARD REQUIRED UNDER ITEM 8 WAS 367. THE FOREGOING STATEMENTS OF THE BIDDER ARE CONFIRMED IN ITS LETTER OF OCTOBER 27.

B-141166, NOV. 18, 1959

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

YOUR LETTER OF NOVEMBER 3, 1959, WITH ENCLOSURES, REQUESTS OUR DECISION AS TO WHETHER THE CONTRACT ENTERED INTO ON OCTOBER 15, 1959, WITH BARTON, DUER AND KOCH PAPER COMPANY 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 OCTOBER 7, 1959, THE GOVERNMENT PRINTING OFFICE ADVERTISED FOR PRICES ON, AMONG OTHER PAPER ITEMS, BINDER'S BOARD, ITEM 8. IT IS STATED THAT BIDS WERE OPENED ON OCTOBER 15, 1959; THAT IN RESPONSE TO THE INVITATION, TWO BIDS WERE RECEIVED ON ITEM 8, ONE FROM BARTON, DUER AND KOCH PAPER COMPANY OF $0.0875 PER POUND, AND THE OTHER FROM R. P. ANDREWS PAPER COMPANY OF $0.128 PER POUND; THAT AWARD WAS MADE TO BARTON, DUER AND KOCH PAPER COMPANY AS THE LOW BIDDER ON ITEM 8; AND THAT ON OCTOBER 15, 1959, PURCHASE ORDER NO. 7508 WAS ISSUED TO THAT COMPANY.

IT IS STATED FURTHER THAT ON OCTOBER 27, 1959, A REPRESENTATIVE OF BARTON, DUER AND KOCH PAPER COMPANY INFORMED THE CONTRACTING OFFICER BY TELEPHONE THAT HIS COMPANY WISHED TO HAVE THE PURCHASE ORDER CANCELLED BECAUSE IT WAS UNABLE TO FURNISH THE BINDER'S BOARD DESCRIBED IN THE SPECIFICATIONS FOR LOT NO. 372, ITEM 8 OF THE INVITATION; THAT THE REPRESENTATIVE EXPLAINED THAT THROUGH A MISTAKE THE COMPANY'S MILL, SHRYOCK BORS., DOWNINGTON, PENNSYLVANIA, ERRONEOUSLY ASSUMED THAT THE LOT NUMBER FOR THE BINDER'S BOARD REQUIRED UNDER ITEM 8 WAS 367; THAT THE REPRESENTATIVE POINTED OUT THAT THE RECORDS OF THE GOVERNMENT PRINTING OFFICE WOULD SHOW THAT THE COMPANY HAD BEEN FURNISHING BINDER'S BOARD OF THE TYPE COVERED BY LOT NOS. 366 AND 367, AND THAT THE COMPANY'S MILL COULD NOT MAKE THE TYPE OF BINDER'S BOARD COVERED BY LOT NO. 372. THE FOREGOING STATEMENTS OF THE BIDDER ARE CONFIRMED IN ITS LETTER OF OCTOBER 27, 1959.

YOU STATE THAT THE CONTRACTING OFFICER HAS ADVISED THAT HIS RECORDS SHOW THAT R. P. ANDREWS PAPER COMPANY HAS BEEN THE ONLY BIDDER ON THE TYPE OF BINDER'S BOARD COVERED BY LOT NO. 372 DURING THE PAST TWO YEARS AND THAT THE PRICE QUOTED BY THIS FIRM DURING THAT PERIOD HAS BEEN $13.25 PER 100 POUNDS; THAT THE CONTRACTING OFFICER EXPLAINED ALSO THAT AT THE TIME THE BIDS WERE EXAMINED ON THESE ITEMS OF PAPER, HIS REGULAR PAPER BID REVIEWER WAS ON LEAVE AND FOR THIS REASON IT WAS NOT NOTED THAT A POSSIBLE ERROR HAD OCCURRED IN THE BID OF BARTON, DUER AND KOCH PAPER COMPANY; THAT THE CONTRACTING OFFICER ALSO STATED THAT IF HIS REGULAR PAPER BID REVIEWER HAD NOT BEEN ON LEAVE AT THE TIME, IT WOULD HAVE BEEN NOTED THAT THE PRICE OF $8.75 PER 100 POUNDS QUOTED FOR ITEM 8 BY BARTON, DUER AND KOCH PAPER COMPANY WAS OUT OF LINE WITH THE PRICE USUALLY PAID FOR THIS TYPE OF BINDER'S BOARD. YOU ALSO STATE THAT THE CONTRACTING OFFICER ADVISED THAT HE WOULD HAVE BEEN ON NOTICE ALSO THAT BARTON, DUER AND KOCH PAPER COMPANY COULD NOT FURNISH THE BINDER'S BOARD COVERED BY LOT NO. 372 BECAUSE, ACCORDING TO GOVERNMENT PRINTING OFFICE RECORDS, THE COMPANY HAS NEVER MANUFACTURED THIS TYPE OF BINDER'S BOARD; AND THAT AFTER THE AWARD WAS MADE, BUT BEFORE THE COMPANY ALLEGED ERROR, A REPRESENTATIVE OF THE R. P. ANDREWS PAPER COMPANY CONTACTED THE CONTRACTING OFFICER AND ASKED WHY HIS FIRM DID NOT RECEIVE THE AWARD ON THIS BINDER'S BOARD, WHICH ITEM, HE STATE, SHRYOCK BROS., THE SUPPLIER FOR BARTON, DUER AND KOCH COMPANY, COULD NOT MAKE.

SINCE IT APPEARS THAT SHRYOCK BROS., THE SUPPLIER FOR BARTON, DUER AND KOCH PAPER COMPANY, DOES NOT POSSESS THE EQUIPMENT REQUIRED TO PRODUCE THE TYPE OF BINDER'S BOARD AND REQUIRED UNDER ITEM 8, THE RECORD IS SUFFICIENTLY CONVINCING TO JUSTIFY CANCELLATION OF THE NOTICE OF AWARD WITHOUT LIABILITY TO BARTON, DUER AND KOCH PAPER COMPANY.