B-150461, DEC. 27, 1962

B-150461: Dec 27, 1962

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TO THE SECRETARY OF THE INTERIOR: REFERENCE IS MADE TO LETTER OF DECEMBER 12. THE BID WAS ACCEPTED NOVEMBER 9. IN SUPPORT OF THE ALLEGATION OF ERROR THE BIDDER HAS FURNISHED PHOTOSTATIC COPIES OF ITS WORKSHEETS WHICH DISCLOSE HOW THE ERROR WAS MADE AND. WHAT THE PRICES FOR EACH ITEM WOULD HAVE BEEN BUT FOR THE OMITTED COST OF FABRICATION. WE AGREE WITH THE CONTRACTING OFFICER THAT A BONA FIDE MISTAKE WAS MADE AS ALLEGED AND. SINCE IT WAS ASSERTED BEFORE RECEIPT OF NOTICE OF AWARD IT IS BELIEVED THAT TO INSIST UPON PERFORMANCE. THE PAPERS WHICH ACCOMPANIED YOUR SUBMISSION ARE RETURNED.

B-150461, DEC. 27, 1962

TO THE SECRETARY OF THE INTERIOR:

REFERENCE IS MADE TO LETTER OF DECEMBER 12, 1962, WITH ENCLOSURES, FROM YOUR ADMINISTRATIVE ASSISTANT, REQUESTING TO BE ADVISED AS TO THE PROPER ACTION TO BE TAKEN IN CONNECTION WITH THE BID OF ELECTROSEAL PLASTICS COMPANY, SUBMITTED IN RESPONSE TO INVITATION FOR BIDS NO. 500 1956-63, ISSUED BY THE BUREAU OF RECLAMATION OFFICE AT AMARILLO, TEXAS.

THE INVITATION SOUGHT BIDS ON FOUR ITEMS OF VINYL PLASTIC FILM IN VARIOUS SIZE SHEETS. THE BIDDER HERE INVOLVED SUBMITTED A PROPERLY EXECUTED BID FORM, REGULAR ON ITS FACE, SHOWING THE UNIT AND EXTENDED PRICES FOR EACH ITEM, AND THE TOTAL OFFER OF $8,318 F.O.B. DESTINATION. THE BID WAS ACCEPTED NOVEMBER 9, 1962. HOWEVER, ON NOVEMBER 13, 1962, PRIOR TO RECEIPT OF THE NOTICE OF AWARD, ELECTROSEAL NOTIFIED THE CONTRACTING OFFICER THAT IT HAD MADE A MISTAKE IN THE COMPUTATION OF ITS QUOTATION IN THAT IT FAILED TO INCLUDE THE RESPECTIVE FABRICATION COSTS FOR EACH ITEM, REPRESENTING AN OMITTED COST OF $3,934 IN ITS TOTAL BID PRICE. IN SUPPORT OF THE ALLEGATION OF ERROR THE BIDDER HAS FURNISHED PHOTOSTATIC COPIES OF ITS WORKSHEETS WHICH DISCLOSE HOW THE ERROR WAS MADE AND, WHAT THE PRICES FOR EACH ITEM WOULD HAVE BEEN BUT FOR THE OMITTED COST OF FABRICATION.

WE AGREE WITH THE CONTRACTING OFFICER THAT A BONA FIDE MISTAKE WAS MADE AS ALLEGED AND, SINCE IT WAS ASSERTED BEFORE RECEIPT OF NOTICE OF AWARD IT IS BELIEVED THAT TO INSIST UPON PERFORMANCE, UNDER THE ATTENDING FACTS AND CIRCUMSTANCES, WOULD BE IMPROPER.

ACCORDINGLY, THE CONTRACT OF ELECTROSEAL PLASTICS COMPANY SHOULD BE CANCELLED AND AWARD MADE TO THE LOWEST CORRECT BIDDER.

THE PAPERS WHICH ACCOMPANIED YOUR SUBMISSION ARE RETURNED, AS REQUESTED.