B-153081, JAN. 3, 1964

B-153081: Jan 3, 1964

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GP 37617A UPON WHICH CONTRACT NO. (184) 9/64 WAS BASED. ITEM III OF THE INVITATION PROVIDED AS FOLLOWS: "PRINTING AND BINDING: THE PRICES QUOTED ARE ALL INCLUSIVE SUBSEQUENT TO ITEMS I AND II NECESSARY FOR CUTTING STOCK TO PRESS SIZE. "RADIO SPOTS CONSISTING OF FRONT COVER AND EIGHT SHEETS * * *" BIDS WERE OPENED ON SEPTEMBER 25. AWARD WAS MADE TO GILBERT MARCUS ON OCTOBER 2. WHICH COST WAS INADVERTENTLY OMITTED FROM ITS BID PRICE. THE CONTRACTOR FURNISHED ITS ESTIMATE SHEET WHICH SHOWED THAT THOSE ITEMS OF COST WERE NOT INCLUDED IN ITS BID PRICE FOR ITEM III. THE CONTRACTING OFFICER ACKNOWLEDGED THAT HE WAS ON NOTICE OF ERROR IN THE CONTRACTOR'S BID BUT THROUGH OVERSIGHT NEGLECTED TO REQUEST GILBERT MARCUS TO VERIFY AND CONFIRM ITS BID PRIOR TO AWARD.

B-153081, JAN. 3, 1964

TO PUBLIC PRINTER, U.S. GOVERNMENT PRINTING OFFICE:

BY LETTER DATED DECEMBER 16, 1963, WITH ENCLOSURES, YOU SUBMITTED FOR OUR DECISION THE REQUEST OF GILBERT MARCUS AND COMPANY FOR RELIEF FROM A MISTAKE IN BID UNDER AN INVITATION FOR BIDS NO. GP 37617A UPON WHICH CONTRACT NO. (184) 9/64 WAS BASED.

ITEM III OF THE INVITATION PROVIDED AS FOLLOWS:

"PRINTING AND BINDING: THE PRICES QUOTED ARE ALL INCLUSIVE SUBSEQUENT TO ITEMS I AND II NECESSARY FOR CUTTING STOCK TO PRESS SIZE, IMPOSITION, OFFSET PLATEMAKING, PRESS MAKE READY, PRESS RUNNING, BLACK INK, BINDERY MAKE READY, FOLDING, AND/OR GATHERING, STITCHING, TRIMMING, DRILLING AND PACKING.

"RADIO SPOTS CONSISTING OF FRONT COVER AND EIGHT SHEETS * * *"

BIDS WERE OPENED ON SEPTEMBER 25, 1963, AND GILBERT MARCUS SUBMITTED THE LOWEST ESTIMATED PRICE OF $685.25, FOLLOWED BY THE NEXT LOWEST BIDS OF $931.95 AND $1,013.50. AWARD WAS MADE TO GILBERT MARCUS ON OCTOBER 2, 1963, EVEN THOUGH IT BID A UNIT COST FOR ITEM III OF $46 FOR THE FIRST 1,000 COPIES AND $18.50 FOR AN ADDITIONAL 1,000 COPIES AS COMPARED TO $65.90 AND $25.90 BID RESPECTIVELY BY THE NEXT LOWEST BIDDER. THEREAFTER, GILBERT MARCUS CLAIMED PAYMENT OF $24.25 TO COVER THE COST OF THE PLATE MAKE READY, AND PRINTING OF THE COVER FOR THE FIRST ISSUE, WHICH COST WAS INADVERTENTLY OMITTED FROM ITS BID PRICE. IN SUPPORT THEREOF, THE CONTRACTOR FURNISHED ITS ESTIMATE SHEET WHICH SHOWED THAT THOSE ITEMS OF COST WERE NOT INCLUDED IN ITS BID PRICE FOR ITEM III.

THE CONTRACTING OFFICER ACKNOWLEDGED THAT HE WAS ON NOTICE OF ERROR IN THE CONTRACTOR'S BID BUT THROUGH OVERSIGHT NEGLECTED TO REQUEST GILBERT MARCUS TO VERIFY AND CONFIRM ITS BID PRIOR TO AWARD. ALSO, THE RECORD SHOWS THAT CORRECTION OF THE CONTRACT PRICE WILL RESULT IN A REVISED CONTRACT PRICE OF $695.80 LESS THAN THE NEXT LOWEST BIDDER'S PRICE. VIEW THEREOF AND SINCE THE EXISTENCE OF THE MISTAKE AND THE AMOUNT OF THE INTENDED BID HAVE BEEN SATISFACTORILY ESTABLISHED, THE CONTRACT MAY BE AMENDED TO PROVIDE FOR AN ADDITIONAL PAYMENT OF $24.25 FOR EACH MONTH THE CONTRACT IS IN EFFECT, AS ADMINISTRATIVELY RECOMMENDED.