B-93089, FEBRUARY 24, 1950, 29 COMP. GEN. 341

B-93089: Feb 24, 1950

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PROPOSALS SUBMITTED IN RESPONSE TO GOVERNMENT ADVERTISEMENTS FOR BIDS MAY NOT BE WITHDRAWN AFTER THE BIDS HAVE BEEN OPENED. EVEN BEFORE AWARD IS MADE. THE BIDDER IS BOUND TO ACCEPT THE AWARD. 1950: I HAVE YOUR LETTER OF FEBRUARY 18. IT IS STATED. THE RAYON MESH IS A COMPONENT PART OF THE TOW TARGETS THAT ARE URGENTLY REQUIRED BY THE U.S. AN INVESTIGATION BY THE CONTRACTING OFFICER HAS DISCLOSED THAT THE RAYON IN QUESTION IS A DIFFICULT ITEM TO OBTAIN AND TO HAVE WOVEN INTO THE REQUIRED MESH. THE ACCEPTANCE PERIOD OF RYAN AERONAUTICAL COMPANY IS LISTED ABOVE. IT APPEARS THAT THE RAYON MESH IS OBTAINABLE FROM SOME SOURCE. THE GENERAL RULE IS THAT PROPOSALS THAT HAVE BEEN SUBMITTED IN RESPONSE TO AN ADVERTISEMENT FOR BIDS MAY NOT BE WITHDRAWN AFTER THEY HAVE BEEN OPENED.

B-93089, FEBRUARY 24, 1950, 29 COMP. GEN. 341

BIDS - WITHDRAWAL GENERALLY, PROPOSALS SUBMITTED IN RESPONSE TO GOVERNMENT ADVERTISEMENTS FOR BIDS MAY NOT BE WITHDRAWN AFTER THE BIDS HAVE BEEN OPENED, EVEN BEFORE AWARD IS MADE, AND THE BIDDER IS BOUND TO ACCEPT THE AWARD.

COMPTROLLER GENERAL WARREN TO THE SECRETARY OF THE NAVY, FEBRUARY 24, 1950:

I HAVE YOUR LETTER OF FEBRUARY 18, 1950, REQUESTING A DECISION AS TO WHETHER THE BID OF KELLETT AIRCRAFT CORPORATION OPENED ON JANUARY 5, 1950, MAY BE WITHDRAWN AS REQUESTED BY THE CORPORATION.

IN RESPONSE TO INVITATION NO. 9955, ISSUED BY THE AVIATION SUPPLY OFFICE, PHILADELPHIA, PENNSYLVANIA, THE KELLETT AIRCRAFT CORPORATION SUBMITTED A BID OFFERING TO FURNISH ITEM 3 CONSISTING OF 25 TARGETS, BANNER TOW, AERO TYPE 25A, NAVY R94-PUA-562655, FOR THE AMOUNT OF $115 EACH.

IN THE STATEMENT OF FACTS AND RECOMMENDATION OF THE CONTRACTING OFFICER, SUBMITTED WITH YOUR LETTER, IT IS STATED, IN PART, AS FOLLOWS:

2. AFTER THE OPENING OF BIDS AT 10.00 A.M. EST, 5 JANUARY 1950, THE CONTRACTING OFFICER REQUESTED THE APPARENT LOW BIDDER, KELLETT AIRCRAFT CORPORATION, BY TELEGRAM, TO CONFIRM THE DELIVERY STATED IN HIS BID. REPRESENTATIVE OF THE COMPANY STATED VERBALLY TO THE CONTRACTING OFFICER, THEIR INABILITY TO LOCATE A SOURCE FOR RAYON MESH PER SPECIFICATION 27-R-3 ( AER) AT THAT TIME. THEREFORE, THE CONTRACTING OFFICER ADVISED THE KELLETT AIRCRAFT CORPORATION OF SEVERAL POSSIBLE SOURCES OF SUPPLY, SUCH AS CHENEY BROTHERS, SWITLIK PARACHUTE CO., GENERAL TEXTILE MILLS, INC. AND WILLIAM SKINNER AND SONS. BY TELEGRAM DATED 13 FEBRUARY 1950, COPY ENCLOSED HEREWITH, KELLETT AIRCRAFT CORPORATION HAS STATED THEIR FURTHER INABILITY TO LOCATE A SOURCE FOR RAYON MESH, AND REQUEST THAT THEIR BID ON ITEM 3 OF INVITATION 9955 BE WITHDRAWN. THE RAYON MESH IS A COMPONENT PART OF THE TOW TARGETS THAT ARE URGENTLY REQUIRED BY THE U.S. AIR FORCE; AND AN INVESTIGATION BY THE CONTRACTING OFFICER HAS DISCLOSED THAT THE RAYON IN QUESTION IS A DIFFICULT ITEM TO OBTAIN AND TO HAVE WOVEN INTO THE REQUIRED MESH.

NO AWARD HAS BEEN MADE FOR ITEM 3 OF SUBJECT INVITATION. THE RYAN AERONAUTICAL COMPANY HAS ADVISED THE CONTRACTING OFFICER, IN WRITING, OF AN AVAILABLE SOURCE OF RAYON MESH. THE ACCEPTANCE PERIOD OF RYAN AERONAUTICAL COMPANY IS LISTED ABOVE.

IT APPEARS FROM THE FOREGOING THAT THE KELLETT AIRCRAFT CORPORATION DESIRES TO WITHDRAW ITS BID DUE TO ITS INABILITY TO LOCATE A SOURCE OF SUPPLY FOR THE RAYON MESH REQUIRED IN THE MANUFACTURE OF THE TARGETS. HOWEVER, IT APPEARS THAT THE RAYON MESH IS OBTAINABLE FROM SOME SOURCE.

THE GENERAL RULE IS THAT PROPOSALS THAT HAVE BEEN SUBMITTED IN RESPONSE TO AN ADVERTISEMENT FOR BIDS MAY NOT BE WITHDRAWN AFTER THEY HAVE BEEN OPENED, EVEN BEFORE AWARD IS MADE, AND THAT THE BIDDER IS BOUND TO ACCEPT AWARD. 19 COMP. GEN. 761. ACCORDINGLY, SINCE IT APPEARS THAT THE RAYON MESH IS OBTAINABLE, THERE APPEARS NO LEGAL BASIS FOR PERMITTING THE KELLETT AIRCRAFT CORPORATION TO WITHDRAW ITS BID.

THE PAPERS, WITH THE EXCEPTION OF THE STATEMENT OF FACTS AND RECOMMENDATION OF THE CONTRACTING OFFICER, ARE RETURNED HEREWITH.