B-142933, JUN. 30, 1960

B-142933: Jun 30, 1960

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CONTRACTING OFFICER: REFERENCE IS MADE TO YOUR LETTER OF JUNE 15. AFTER THE BIDS WERE OPENED ON MAY 11. WE FEEL THAT A BONA FIDE MISTAKE WAS MADE AS ALLEGED. ARE RETURNED AS REQUESTED.

B-142933, JUN. 30, 1960

TO JOHN R. BOGGS, CONTRACTING OFFICER:

REFERENCE IS MADE TO YOUR LETTER OF JUNE 15, 1960, WITH ENCLOSURES, FILE REFERENCE 7023/134N2, AGAIN SUBMITTING FOR OUR DECISION THE REQUEST OF KELEKET X-RAY CORPORATION FOR PERMISSION TO WITHDRAW ITS BID SUBMITTED IN RESPONSE TO INVITATION FOR BIDS NO. M6-75-60, COVERING A QUANTITY OF RADIOGRAPHIC FILM CASSETTES.

THE RECORD NOW DISCLOSES THAT THE FOUR PROPOSALS RECEIVED IN RESPONSE TO THE SAID INVITATION RANGED IN PRICE FROM A LOW BID OF $150, SUBMITTED BY THE COMPLAINING COMPANY, TO A HIGH BID OF $305, LESS A PROMPT PAYMENT DISCOUNT OF ONE PERCENT. AFTER THE BIDS WERE OPENED ON MAY 11, 1960, BUT BEFORE AWARD, KELEKET X-RAY CORPORATION, STATED IN LETTER OF MAY 12, 1960, THAT IT HAD MADE AN ERROR IN THE PREPARATION OF ITS OFFER IN THAT IT HAD QUOTED A COMPONENT PART PRICE INSTEAD OF ITS PRICE FOR THE ENTIRE UNIT. WITH ITS COVERING LETTER OF JUNE 3, 1960, THE BIDDER FURNISHED A PHOTOSTATIC COPY OF ITS WORK PAPER, BEING PAGE 3 OF A COPY OF THE INVITATION, WHICH SHOWS THAT THE CORPORATION PRICED BOTH THE GRID AND CASSETTE AT $150 EACH, AND INTENDED TO QUOTE A UNIT PRICE OF $300 FOR THE ITEM AS DESCRIBED IN THE INVITATION.

IN VIEW OF THE FACTS NOW OF RECORD, AND HAVING REGARD FOR THE MATERIAL DIFFERENCE BETWEEN THE LOW BID AND THE THREE OTHER OFFERS RECEIVED, WE FEEL THAT A BONA FIDE MISTAKE WAS MADE AS ALLEGED. FOR THOSE REASONS ACCEPTANCE OF THE BID AS SUBMITTED WOULD NOT BE IN GOOD FAITH AND RESULT IN A BINDING CONTRACT.

ACCORDINGLY, THE KELEKET X-RAY CORPORATION MAY BE PERMITTED TO WITHDRAW ITS BID WITHOUT LIABILITY OR FORFEITURE.

THE PAPERS FORWARDED WITH YOUR LETTER OF JUNE 15, 1960, ARE RETURNED AS REQUESTED.