B-142810, DEC. 9, 1960
Highlights
TO THE POSTMASTER GENERAL: REFERENCE IS MADE TO LETTER DATED AUGUST 18. REQUESTING THE OPPORTUNITY TO MEET WITH US TO DISCUSS CERTAIN PROBLEMS WHICH HAVE ARISEN AS A RESULT OF OUR DECISIONS. THESE PROBLEMS WERE DISCUSSED AT A MEETING ON AUGUST 25. IS TYPICAL OF THE USUAL SITUATION AND STATES OUR POSITION IN SUCH CASES. SINCE IT IS UNDERSTOOD THAT AGREEMENT HAS BEEN REACHED BETWEEN THE DEPARTMENT AND THE CONTRACTOR ON THE LEASE INVOLVED IN B-142810. WE ARE CLOSING OUR FILE IN THE LATTER CASE.
B-142810, DEC. 9, 1960
TO THE POSTMASTER GENERAL:
REFERENCE IS MADE TO LETTER DATED AUGUST 18, 1960, FROM YOUR GENERAL COUNSEL, REQUESTING THE OPPORTUNITY TO MEET WITH US TO DISCUSS CERTAIN PROBLEMS WHICH HAVE ARISEN AS A RESULT OF OUR DECISIONS, B-142810, DATED JULY 20, 1960.
THESE PROBLEMS WERE DISCUSSED AT A MEETING ON AUGUST 25, 1960, IN CONNECTION WITH A REQUEST MADE ON BEHALF OF NELSON BROTHERS CONSTRUCTION COMPANY FOR ADJUSTMENT OR CANCELLATION OF ITS BID TO CONSTRUCT AND LEASE A NEW POSTAL FACILITY AT MAGNA, UTAH, ON ACCOUNT OF AN ALLEGED ERROR IN ITS BID. THEREAFTER YOU FURNISHED US A REPORT DATED SEPTEMBER 15, 1960, WHICH SET FORTH IN DETAIL THE POSITION OF YOUR DEPARTMENT CONCERNING THE NELSON BROTHERS' BID AND SIMILAR CASES INVOLVING ALLEGATIONS OF ERROR AFTER AWARD. AFTER THOROUGH CONSIDERATION OF ALL THE FACTORS INVOLVED WE CONCLUDED IN DECISION B 143796, DATED OCTOBER 3, 1960, THAT NO SUFFICIENT LEGAL BASIS EXISTED FOR CANCELLATION OR CORRECTION OF THE NELSON BROTHERS' BID.
WHILE CASES OF THIS NATURE NECESSARILY DIFFER IN THE PARTICULAR CIRCUMSTANCES OF EACH, AND MUST THEREFORE BE DECIDED ON AN INDIVIDUAL BASIS, WE BELIEVE THE DECISION, B-143796, OF OCTOBER 3, 1960, IS TYPICAL OF THE USUAL SITUATION AND STATES OUR POSITION IN SUCH CASES.
IN VIEW OF OUR DECISION OF OCTOBER 3, 1960, AND SINCE IT IS UNDERSTOOD THAT AGREEMENT HAS BEEN REACHED BETWEEN THE DEPARTMENT AND THE CONTRACTOR ON THE LEASE INVOLVED IN B-142810, WE ARE CLOSING OUR FILE IN THE LATTER CASE.