B-125875, NOV. 1, 1955

B-125875, NOV. 1, 1955

TO HONORABLE J. GEORGE STEWART, ARCHITECT OF THE CAPITOL:

REFERENCE IS MADE TO YOUR LETTER OF OCTOBER 24, 1955, WITH ENCLOSURES, RELATIVE TO AN ALLEGED ERROR IN A BID DATED SEPTEMBER 6, 1955, SUBMITTED BY THE HARVEY SALT COMPANY, INC. IN RESPONSE TO INVITATION NO. 5598. YOU REQUEST A DECISION AS TO WHETHER THE BID MAY BE DISREGARDED.

THE RECORD SHOWS THAT THE BIDS WERE OPENED ON OCTOBER 7, 1955; THAT BY TELEPHONE CONVERSATION OF OCTOBER 8, AND CONFIRMING LETTER OF OCTOBER 10, 1955, THE COMPANY ALLEGED THAT AN ERROR HAD BEEN MADE IN ITS BID IN THAT-- - "SOME-HOW OUR INTENTION OF BIDDING $1704.00 TOTAL WAS MISCONSTRUED BY OUR TYPIST AS $17.04 PER TON.' CONSEQUENTLY, THE BID WAS PREPARED AND FILED ON THAT BASIS AND THE EXTENDED AMOUNT WAS SHOWN IN THE BID AS $1,022.40, INSTEAD OF $1,704, THE AMOUNT INTENDED. THE BIDDER HAS FURNISHED A BREAKDOWN OF ITS COSTS IN THE AMOUNT OF $23.71 PER TON, DELIVERED, SUPPORTED BY INVOICES FROM ITS SUPPLIERS COVERING THE QUANTITY OF SALT AND PAPER BAGS REQUIRED AND THE APPLICABLE FREIGHT BILL INVOLVED, WHICH SATISFACTORILY ESTABLISH THAT THE BID IS ERRONEOUS. ON THE BASIS OF THE FOREGOING PROMPT PROOF OF THE ERROR, IT REQUESTED PERMISSION TO WITHDRAW ITS BID. THE FOUR OTHER BIDS RECEIVED WERE $1,512, $1,512.60 AND $1,734 (TWO BIDS). THUS, THE COMPANY'S BID OF $1,022.40 IS SOMEWHAT OUT OF LINE WITH THE OTHER BIDS, WHEREAS ITS INTENDED BID OF $1,704 IS IN LINE.

ON THE BASIS OF THE FACTS AND EVIDENCE OF RECORD, THERE IS NO DOUBT THAT THE COMPANY MADE A BONA FIDE ERROR IN THE PREPARATION OF ITS BID. ACCORDINGLY, SINCE THE ERROR WAS ALLEGED, EXPLAINED SATISFACTORILY AND ESTABLISHED BY COMPETENT EVIDENCE PROMPTLY AFTER THE OPENING, THE BID OF THE HARVEY SALT COMPANY SHOULD BE DISREGARDED IN MAKING THE AWARD.

ALL PAPERS FORWARDED WITH YOUR LETTER OF OCTOBER 24, 1955, ARE RETURNED HEREWITH.