B-124086, JUN. 1, 1955

B-124086: Jun 1, 1955

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MCCLELLAN AIR FORCE BASE: REFERENCE IS MADE TO YOUR LETTER OF MAY 24. RELATIVE TO AN ERROR ALLEGED BY FEDERAL EQUIPMENT COMPANY TO HAVE BEEN MADE IN ITS BID DATED MAY 5. WAS CANCELED FOR THE REASON THAT THE SPECIFICATIONS WERE NOT CLEAR AND THE SIZE OF THE MAILBOX WAS INCORRECTLY STATED. WAS DISTRIBUTED TO THE PROSPECTIVE BIDDERS. THE ABSTRACT OF BIDS SHOWS THAT THE FOUR BIDS RECEIVED IN RESPONSE TO THE LATTER INVITATION WERE IN THE TOTAL AMOUNTS OF $343 (FEDERAL EQUIPMENT COMPANY). SINCE IT WAS OUT OF LINE WITH THE OTHERS. THE COMPANY ADVISED THAT ITS UNIT PRICE ERRONEOUSLY WAS TAKEN FROM ITS BID ON THE FIRST INVITATION AND REQUESTED PERMISSION TO WITHDRAW THE BID. YOU STATE THAT THE COMPANY'S BID PRICE OF $49 PER SECTION WAS IN LINE WITH THE OTHER BIDS FOR A SECTION OF ONLY NINE BOXES.

B-124086, JUN. 1, 1955

TO MR. CHARLES G. MARTIN, CONTRACTING OFFICER, SACRAMENTO AIR MATERIEL AREA, MCCLELLAN AIR FORCE BASE:

REFERENCE IS MADE TO YOUR LETTER OF MAY 24, 1955, WITH ENCLOSURES, RELATIVE TO AN ERROR ALLEGED BY FEDERAL EQUIPMENT COMPANY TO HAVE BEEN MADE IN ITS BID DATED MAY 5, 1955.

THE RECORD SHOWS THAT INVITATION FOR BIDS NO. 04-606-55-126, DATED APRIL 15, 1955, FOR FURNISHING 42 SECTIONS OF MAILBOXES, NINE BOXES PER SECTION, WAS CANCELED FOR THE REASON THAT THE SPECIFICATIONS WERE NOT CLEAR AND THE SIZE OF THE MAILBOX WAS INCORRECTLY STATED. A SUBSTITUTE INVITATION NO. 04-606-55-141, DATED MAY 3, 1955, FOR SEVEN SECTIONS OF MAILBOXES, EACH NINE BOXES HIGH BY BY SIX BOXES WIDE, OR 54 MAILBOXES PER SECTION, WAS DISTRIBUTED TO THE PROSPECTIVE BIDDERS. THE ABSTRACT OF BIDS SHOWS THAT THE FOUR BIDS RECEIVED IN RESPONSE TO THE LATTER INVITATION WERE IN THE TOTAL AMOUNTS OF $343 (FEDERAL EQUIPMENT COMPANY), $1.775, $1,841 ($2,002 ALTERNATE), AND $7,490. THE RECORD SHOWS THAT YOU NOTICED THE PROBABILITY OF ERROR IN THE COMPANY'S BID, SINCE IT WAS OUT OF LINE WITH THE OTHERS, AND REQUESTED CONFIRMATION THEREOF.

BY TELEGRAM OF MAY 21, 1955, THE COMPANY ADVISED THAT ITS UNIT PRICE ERRONEOUSLY WAS TAKEN FROM ITS BID ON THE FIRST INVITATION AND REQUESTED PERMISSION TO WITHDRAW THE BID. YOU STATE THAT THE COMPANY'S BID PRICE OF $49 PER SECTION WAS IN LINE WITH THE OTHER BIDS FOR A SECTION OF ONLY NINE BOXES, AS CALLED FOR UNDER THE FIRST INVITATION. ALSO, YOU STATE THAT "EXCEPT FOR THE CORRECTED SIZE OF THE MAILBOX AND THE DIMENSION OF EACH SECTION TO BE NINE (9) BOXES HIGH BY SIX (6) BOXES WIDE, THE INVITATIONS WERE THE SAME.'

ON THE BASIS OF THE FACTS AND EVIDENCE OF RECORD THERE IS NO DOUBT THAT THE COMPANY MADE A BONA FIDE ERROR IN ITS BID, AS ALLEGED. ACCORDINGLY, SINCE IT WAS BELIEVED THAT THE BID WAS ERRONEOUS AND SINCE SUCH BELIEVE WAS CONFIRMED AND THE ERROR WAS EXPLAINED SATISFACTORILY BY THE COMPANY PRIOR TO AWARD, THE BID OF THE FEDERAL EQUIPMENT COMPANY SHOULD BE DISREGARDED.

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