B-170049, AUG. 26, 1970

B-170049: Aug 26, 1970

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REVIEW SHOWED FAILURE DUE TO ERROR AS WELL AS OTHER DEFICIENCIES GOVERNMENT TERMINATED CONTRACT AND WILL READVERTISE FOR BIDS. SHIVERS: THIS IS IN REPLY TO YOUR LETTER DATED JUNE 8. YOU REQUEST ADVICE AS TO WHETHER THE POSTMASTER NEED NOT HAVE FOLLOWED THE USUAL PROCEDURES AS PROVIDED BY REGULATION. THE POST OFFICE DEPARTMENT'S REPORT TO THIS OFFICE INDICATES THAT THE POSTMASTER IN THIS CASE HAS STATED THAT HE WAS NOT AWARE THAT THE BID PRICES SHOULD HAVE BEEN ANNOUNCED. IT WAS DETERMINED THAT THERE WERE DEFECTS IN THE INVITATION FOR BIDS WHICH RESULTED IN CONSIDERATION BEING GIVEN TO CERTAIN ERRONEOUS FACTORS IN AWARDING THE CONTRACT. WE ARE CLOSING OUR FILE.

B-170049, AUG. 26, 1970

BID PROTEST -- PROCEDURE DEVIATION WHERE UNSUCCESSFUL BIDDER PROTESTED POSTMASTER'S FAILURE TO READ BID PRICES ALOUD OR TO RECORD THEM FOR PUBLIC VIEW, AND REVIEW SHOWED FAILURE DUE TO ERROR AS WELL AS OTHER DEFICIENCIES GOVERNMENT TERMINATED CONTRACT AND WILL READVERTISE FOR BIDS.

TO MRS. BARBARA J. SHIVERS:

THIS IS IN REPLY TO YOUR LETTER DATED JUNE 8, 1970, PROTESTING THE PROCEDURES FOLLOWED BY THE POSTMASTER AT A PUBLIC BID OPENING HELD ON MAY 25, 1970, AT PITTSBURG, KANSAS.

ESSENTIALLY, YOU OBJECT TO THE POSTMASTER'S FAILURE TO READ ALOUD THE BID PRICES RECEIVED OR TO RECORD THEM FOR PUBLIC REVIEW EVEN THOUGH YOU QUESTIONED THE PROCEDURES FOLLOWED. YOU REQUEST ADVICE AS TO WHETHER THE POSTMASTER NEED NOT HAVE FOLLOWED THE USUAL PROCEDURES AS PROVIDED BY REGULATION.

THE POST OFFICE DEPARTMENT'S REPORT TO THIS OFFICE INDICATES THAT THE POSTMASTER IN THIS CASE HAS STATED THAT HE WAS NOT AWARE THAT THE BID PRICES SHOULD HAVE BEEN ANNOUNCED, AND THAT AFTER RECEIPT OF YOUR PROTEST HE CHECKED THE PROVISIONS OF THE POSTAL MANUAL AND DISCOVERED HIS ERROR. THE REPORT FURTHER ADVISES THAT, AS A RESULT OF THE DEPARTMENT'S REVIEW OF THE SUBJECT BID OPENING, IT WAS DETERMINED THAT THERE WERE DEFECTS IN THE INVITATION FOR BIDS WHICH RESULTED IN CONSIDERATION BEING GIVEN TO CERTAIN ERRONEOUS FACTORS IN AWARDING THE CONTRACT. IN VIEW THEREOF IT HAS BEEN DETERMINED THAT IT WOULD BE IN THE GOVERNMENT'S BEST INTERESTS TO TERMINATE THE CONTRACT PURSUANT TO A MUTUAL TERMINATION PROVISION CONTAINED THEREIN, AND TO READVERTISE FOR BIDS UNDER A PROPER INVITATION.

SINCE WE SEE NO BASIS FOR DISAGREEING WITH THE ACTIONS PROPOSED BY THE DEPARTMENT, AND SINCE SUCH ACTIONS WOULD APPEAR TO SATISFY THE PURPOSE OF YOUR PROTEST, WE ARE CLOSING OUR FILE.

WE APPRECIATE HAVING THIS MATTER CALLED TO OUR ATTENTION.