B-145938, JUN. 9, 1961

B-145938: Jun 9, 1961

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TO PUBLIC PRINTER: REFERENCE IS MADE TO YOUR LETTER OF MAY 23. REQUESTING A DECISION AS TO THE ACTION TO BE TAKEN CONCERNING AN ERROR THE ROGERSNAP BUSINESS FORMS COMPANY ALLEGES IT MADE IN ITS BID ON WHICH PURCHASE ORDER NO. 20667 WAS AWARDED. THE TWO OTHER BIDS ON THE FORMS WERE IN THE AMOUNTS OF $994 AND $999. THE BID OF THE COMPANY WAS ACCEPTED ON MAY 5. WITH WHICH WAS SUBMITTED A REVISED ESTIMATE. THE COMPANY STATED THAT ITS BID PRICE WAS BASED ON A FORM WITH AN OVERALL SIZE OF 8 1/2 BY 11 1/4 INCHES INSTEAD OF ONE WITH AN OVERALL SIZE OF 8 1/2 BY 17 1/4 INCHES AND THAT THE CORRECT PRICE FOR THE REQUIRED FORMS IS $1. THE COMPANY SUBMITTED ITS ORIGINAL ESTIMATE SHEET WHICH SHOWS THAT THE COMPANY'S BID PRICE WAS BASED ON A FORM MEASURING 8 1/2 BY 11 1/4 INCHES.

B-145938, JUN. 9, 1961

TO PUBLIC PRINTER:

REFERENCE IS MADE TO YOUR LETTER OF MAY 23, 1961, WITH ENCLOSURES, REQUESTING A DECISION AS TO THE ACTION TO BE TAKEN CONCERNING AN ERROR THE ROGERSNAP BUSINESS FORMS COMPANY ALLEGES IT MADE IN ITS BID ON WHICH PURCHASE ORDER NO. 20667 WAS AWARDED.

THE GOVERNMENT PRINTING OFFICE REQUESTED BIDS UNDER JACKET NO. 591878 FOR FURNISHING 50,000 SETS OF A 3-PART SNAPOUT FORM, 8 1/2 BY 16 1/2 INCHES PLUS STUB, THE CONTRACTOR TO FURNISH ALL MATERIALS AND SERVICES. RESPONSE THE ROGERSNAP BUSINESS FORMS COMPANY SUBMITTED A BID DATED MAY 3, 1961, OFFERING TO FURNISH THE FORMS AT A PRICE OF $14.19 PER THOUSAND SETS OR FOR A TOTAL PRICE OF $709.50. THE TWO OTHER BIDS ON THE FORMS WERE IN THE AMOUNTS OF $994 AND $999. THE BID OF THE COMPANY WAS ACCEPTED ON MAY 5, 1961.

YOU STATE THAT ON MAY 9, 1961, THE LOCAL REPRESENTATIVE OF THE ROGERSNAP BUSINESS FORMS COMPANY TELEPHONED ALLEGING THAT THE COMPANY HAD MISTAKENLY QUOTED ON A DEPTH OF 11 1/4 INCHES RATHER THAN A DEPTH OF 17 1/4 INCHES.

IN A CONFIRMING LETTER DATED MAY 9, 1961, WITH WHICH WAS SUBMITTED A REVISED ESTIMATE, THE COMPANY STATED THAT ITS BID PRICE WAS BASED ON A FORM WITH AN OVERALL SIZE OF 8 1/2 BY 11 1/4 INCHES INSTEAD OF ONE WITH AN OVERALL SIZE OF 8 1/2 BY 17 1/4 INCHES AND THAT THE CORRECT PRICE FOR THE REQUIRED FORMS IS $1,064. THE COMPANY REQUESTED THAT THE PURCHASE ORDER BE CANCELED WITHOUT LIABILITY TO IT. IN SUPPORT OF ITS ALLEGATION OF ERROR, THE COMPANY SUBMITTED ITS ORIGINAL ESTIMATE SHEET WHICH SHOWS THAT THE COMPANY'S BID PRICE WAS BASED ON A FORM MEASURING 8 1/2 BY 11 1/4 INCHES.

YOU STATE THAT THE CONTRACTING OFFICER HAS ADVISED THAT WHEN EXAMINING THE BIDS ON THE FORMS, HE SHOULD HAVE NOTED THAT A POSSIBLE ERROR EXISTED IN THE BID OF $709.50 FROM THE ROGERSNAP BUSINESS FORMS COMPANY AND SHOULD HAVE REQUESTED THE COMPANY TO REVIEW THE SPECIFICATIONS AND CONFIRM ITS BID PRICE BEFORE AWARDING THE CONTRACT FOR THE FORMS. YOU ALSO STATE THAT THE CONTRACTING OFFICER HAS STATED THAT ERROR IN THE BID OF THE COMPANY WOULD HAVE BEEN NOTED BY HIM, BUT FOR THE FACT THAT THERE WAS A HEAVY WORKLOAD AT THE TIME OF THE AWARD; AND THAT HE HAS STATED FURTHER THAT HE BELIEVES THE PRICE OF $709.50 QUOTED BY THE COMPANY FOR THE FORMS IS NOT A FAIR AND REASONABLE PRICE FOR THE WORK INVOLVED SINCE THE IDENTICAL FORMS WERE PURCHASED IN DECEMBER 1958 FOR $894.50.

ON THE RECORD, THERE IS NO ROOM FOR DOUBT THAT THE COMPANY MADE AN ERROR IN ITS BID, AS ALLEGED. IT IS REPORTED THAT NO WORK HAS BEEN PERFORMED BY THE COMPANY UNDER THE PURCHASE ORDER. ACCORDINGLY, PURCHASE ORDER NO. 20667 MAY BE CANCELED WITHOUT LIABILITY TO THE COMPANY.

THE PAPERS, WITH EXCEPTION OF THE COMPANY'S LETTER OF MAY 9, 1961, AND ITS ESTIMATE SHEETS, ARE RETURNED.