B-145724, MAY 8, 1961
Highlights
VETERANS ADMINISTRATION SUPPLY DEPOT: WE HAVE YOUR LETTER OF APRIL 27. YOU STATE THAT UPON EVALUATION THE KEYLESS BID WAS FOUND TO BE CONSIDERABLY LOWER THAN THE OTHER BID TOTALS WHICH OUR COMPUTATIONS SHOW TO RANGE FROM $6. TWO DAYS AFTER BID OPENING THE BIDDER WAS ASKED TO VERIFY HIS PRICE. THE BIDDER REPLIED THAT THE AMOUNT BID WAS INTENDED TO COVER ONLY THE FIRST SIX ITEMS AND THAT THE TYPIST IN TRANSCRIBING THE BID PRICE TO THE BID FORM HAD OVERLOOKED THE EXISTENCE OF ONE OF THE TWO WORK SHEETS WHICH CONTAINED THE PRICES FOR THE LAST THREE ITEMS AGGREGATING $6. THERE APPEARS LITTLE QUESTION THAT A BONA FIDE MISTAKE WAS MADE AS ALLEGED.
B-145724, MAY 8, 1961
TO MR. S. C. CISSEL, JR., CONTRACTING OFFICER, VETERANS ADMINISTRATION SUPPLY DEPOT:
WE HAVE YOUR LETTER OF APRIL 27, 1961, WITH ENCLOSURES, YOUR REFERENCE 7018/134J, CONCERNING THE PROPER DISPOSITION OF THE BID SUBMITTED BY THE KEYLESS LOCK COMPANY PURSUANT TO INVITATION NO. M3-8 62, ISSUED MARCH 6, 1961, FOR THE PURCHASE OF MOBILE UTILITY TABLES.
THE BID FORM CONTAINED NINE ITEMS, ONE FOR EACH PLACE AND TIME OF DELIVERY. THE KEYLESS BID CONTAINED NO ITEM PRICES, BUT INCLUDED THE FOLLOWING STATEMENT AT THE BOTTOM OF THE PAGE:
"TOTAL LUMP SUM BID FOR ALL OF THE ABOVE ITEMS, $3,542.00 DELIVERED TO DESTINATION.'
YOU STATE THAT UPON EVALUATION THE KEYLESS BID WAS FOUND TO BE CONSIDERABLY LOWER THAN THE OTHER BID TOTALS WHICH OUR COMPUTATIONS SHOW TO RANGE FROM $6,401.20 TO $11,866. THEREFORE, BY LETTER OF APRIL 7, 1961, TWO DAYS AFTER BID OPENING THE BIDDER WAS ASKED TO VERIFY HIS PRICE. THE BIDDER REPLIED THAT THE AMOUNT BID WAS INTENDED TO COVER ONLY THE FIRST SIX ITEMS AND THAT THE TYPIST IN TRANSCRIBING THE BID PRICE TO THE BID FORM HAD OVERLOOKED THE EXISTENCE OF ONE OF THE TWO WORK SHEETS WHICH CONTAINED THE PRICES FOR THE LAST THREE ITEMS AGGREGATING $6,016.50. THE BIDDER ALSO SUBMITTED COPIES OF THE WORK SHEETS AND REQUESTED PERMISSION TO WITHDRAW THE BID.
IN VIEW OF THE FACTS AS PRESENTED AND THE MATERIAL DIFFERENCE BETWEEN THE KEYLESS BID AND THE OTHER FOURTEEN BIDS RECEIVED, THERE APPEARS LITTLE QUESTION THAT A BONA FIDE MISTAKE WAS MADE AS ALLEGED. ACCORDINGLY, THE BID AS SUBMITTED COULD NOT BE ACCEPTED IN GOOD FAITH AND ITS ACCEPTANCE WOULD NOT RESULT IN A BINDING CONTRACT. THE KEYLESS BID SHOULD, THEREFORE, BE DISREGARDED IN ..END :