B-133853, OCT. 1, 1957

B-133853, OCT. 1, 1957

TO MR. O. T. SEELY, CONTRACTING OFFICER, DEPARTMENT OF AGRICULTURE:

REFERENCE IS MADE TO YOUR LETTER DATED SEPTEMBER 17, 1957, WITH ENCLOSURES, REQUESTING A DECISION REGARDING AN ERROR OTHEL L. TAYLOR, DODSON, LOUISIANA, ALLEGES HE MADE IN HIS BID.

INVITATION NO. SCS-5-LA-58, DATED AUGUST 21, 1957, REQUESTED BIDS FOR THE PURCHASE FROM THE GOVERNMENT OF TWELVE PICKUP TRUCKS. THE BOTTOM OF PAGE 3 OF THE INVITATION PROVIDED:

"THE FOLLOWING UNIT OF AUTOMOTIVE EQUIPMENT IS LOCATED AT NEW ROADS, LOUISIANA, AND MAY BE SEEN FOR INSPECTION AND APPRAISAL BY APPLYING TO R. J. JEANSONNE, WORK UNIT CONSERVATIONIST, SOIL CONSERVATION SERVICE.

"3. PICKUP, FORD, 1949, 1/2 TON, SERIAL NO. 97HC-176308, DECAL NO. 479287 - SCS (R.S. 23-LA)

1 EA. $--------

"THE FOLLOWING UNIT OF AUTOMOTIVE EQUIPMENT IS LOCATED AT WINNFIELD, LOUISIANA, AND MAY BE SEEN FOR INSPECTION AND APPRAISAL BY APPLYING TO M. J. HOUGH, WORK UNIT CONSERVATIONIST, SOIL CONSERVATION SERVICE.'

THE INVITATION CONTINUED ON TOP OF PAGE 4 AS FOLLOWS:

"4. PICKUP, FORD, 1949, 1/2 TON, SERIAL NO. 97HC-168072, DECAL NO. 479272 - SCS (R.S. 27-LA)

1 EA. $--------"

OTHEL L. TAYLOR SUBMITTED A BID ON ITEM 3 IN THE AMOUNT OF $276.50. THE PRICES QUOTED BY THE EIGHT OTHER BIDDERS WERE $246, $242.63, $187, $157, $154.11, $152.50, $66 AND $51.25. SINCE MR. TAYLOR'S BID WAS NOT SIGNED ON THE FIRST PAGE, AWARD WAS NOT MADE, BUT HE WAS ADVISED THAT HIS BID WAS HIGH AND REQUESTED TO SIGN THE BID.

BY LETTER DATED SEPTEMBER 14, 1957, MR. TAYLOR STATED THAT HE DID NOT INTEND TO BID ON THE VEHICLE LOCATED AT NEW ROADS, BUT ON THE ONE AT WINNFIELD (ITEM 4), WHICH HE HAD INSPECTED. HE STATED FURTHER:

"I AM SENDING PAGE NO. 3 OF THE INVITATION TO BID. PLEASE NOTE THAT THERE ARE THREE ITEMS ON THIS PAGE AND THREE PLACES TO PUT DOWN YOUR BID. THE LAST PIECE OF EQUIPMENT (SIC) LISTED IS THE TRUCK AT WINNFIELD SO I PUT MY BID DOWN TO THE RIGHT OF THIS INFORMATION.

"MR. M. J. HOUGH, THE SOIL CONSERVATION S. MAN HERE AT WINNFIELD WAS UNDER THE IMPRESSION THAT THIS WAS THE PROPER PLACE TO MAKE THE BID.'

IN THE ABSENCE OF ANY CONTRARY STATEMENT IN THE RECORD IT IS ASSUMED THAT THE BIDDER WAS SO ADVISED BY MR. HOUGH, WHO WAS DESIGNATED IN THE INVITATION AS AT LEAST THE CUSTODIAN OF THE PROPERTY.

IN THESE CIRCUMSTANCES, AND CONSIDERING THE SOMEWHAT CONFUSING FORMAT OF THE BID FORM--- ALTHOUGH THE ACTUAL LANGUAGE USED WAS CLEAR- - WE CONCLUDE THAT MR. TAYLOR MAY BE PERMITTED TO WITHDRAW HIS PURPORTED BID ON ITEM 3, WHICH HAD NOT BEEN ACCEPTED.