B-136090, MAY 21, 1958

B-136090, MAY 21, 1958

TO MR. W. A. HOLMES, CONTRACTING OFFICER, UNITED STATES FOREST SERVICE, REGION 3:

REFERENCE IS MADE TO YOUR LETTER OF MAY 6, 1958, FILE REFERENCE O SUPPLY BIDS, WITH ENCLOSURES, REQUESTING A DECISION AS TO THE ACTION TO BE TAKEN CONCERNING AN ERROR WHICH MR. ROMEO A. ORTIZ, BERNALILLO, NEW MEXICO, ALLEGES HE MADE IN HIS BID OPENED ON APRIL 29, 1958.

BY INVITATION NO. 58-63, BIDS WERE REQUESTED FOR THE PURCHASE FROM THE GOVERNMENT OF, AMONG OTHER SURPLUS ITEMS, ONE USED 1950 CHEVROLET 1/2 TON PICKUP TRUCK, ITEM 16. IN RESPONSE MR. ROMEO A. ORTIZ SUBMITTED A BID DATED APRIL 29, 1958, OFFERING TO PURCHASE, IN ADDITION TO ITEM 3, THE 1950 CHEVROLET PICKUP TRUCK COVERED BY ITEM 16 AT A PRICE OF $313.13. THE LIST OF BIDS SHOWS THAT THE TEN OTHER BIDDERS ON ITEM 16 QUOTED PRICES RANGING FROM $231.75 TO $40 AND THAT ON ITEM 11 (1950 WILLYS JEEP), SEVENTEEN BIDDERS QUOTED PRICES RANGING FROM $416.75 TO $105.

YOU STATE THAT MR. ORTIZ WAS PRESENT AT THE BID OPENING AND THAT WHEN THE PRICES WERE READ, HE IMMEDIATELY ALLEGED THAT THE INSERTION OF A BID PRICE ON ITEM 16 BY HIM WAS AN ERROR AS IT WAS HIS INTENTION TO BID ON A WILLYS JEEP COVERED BY ITEM 11 AND NOT ON THE CHEVROLET PICKUP TRUCK COVERED BY ITEM 16. IN A CONFIRMING LETTER DATED MAY 3, 1958, MR. ORTIZ STATED:

"I WISH TO INFORM YOU THAT I MADE AN ERROR IN THE ITEM NUMBER I INTENDED TO BID ON APRIL 29TH, ON YOUR INVITATION NUMBER ABOVE. I MADE A BID ON ITEM NO. 3 AND INTENDED TO BID ON ITEM NO. 11 BUT BY ERROR PLACED THE AMOUNT OF BID WHICH WAS INTENDED ON ITEM NO. 11 ON ITEM NO. 16. YOU WILL ALSO NOTE THAT ONLY THE FIRST AND SECOND PAGES OF THE BID FORM ARE SIGNED AND THE THIRD PAGE WHICH COVERS ITEM NO. 16 IS NOT.

"I ALSO WISH TO ADVISE YOU THAT I MADE A PERSONAL INSPECTION OF THE VEHICLES LOCATED AT ALBUQUERQUE ON THE 29TH OF APRIL AT 12:00 P.M., AND AT THAT TIME DETERMINED TO BID ON A PICK UP AND THE JEEP. I ALSO MADE THE INSPECTION WITH MR. SHELBY JOHNSON OF CUBA, NEW MEXICO, AND SIGNED THE BID AND AMOUNT IN HIS PRESENCE AND ADVISED HIM THAT I WAS GOING TO BID ON THE ABOVE VEHICLES AND HE IN TURN WAS GOING TO BID ON ITEMS NO. 1-2-AND 4 WHICH WERE THREE CHEV. PICK-UP TRUCKS. IF NECESSARY I CAN OBTAIN A STATEMENT FROM MR. JOHNSON TO THE EFFECT THAT HE PERSONALLY KNEW WHAT I INTENDED TO BID AS WE BOTH COMPLETED THE BIDS IN THE PRESENCE OF EACH OTHER.

"TRUSTING THAT THE ABOVE INFORMATION WILL BE SUFFICIENT, I REMAIN,"

THE 1950 CHEVROLET PICKUP TRUCK COVERED BY ITEM 16, ON WHICH ITEM MR. ORTIZ ALLEGES HE HAD NO INTENTION OF BIDDING, APPEARS ON THE BOTTOM OF PAGE 5 OF THE INVITATION AND ON THE PRECEDING PAGE, IN EXACTLY THE SAME POSITION, APPEARS THE 1950 WILLYS JEEP (ITEM 11), ON WHICH ITEM MR. ORTIZ ALLEGES HE INTENDED HIS BID OF $313.13 TO APPLY. AN EXAMINATION OF THE BID SUBMITTED BY MR. ORTIZ INDICATES THAT HE SIGNED HIS NAME ON THE BOTTOM OF THE PAGE ON WHICH ITEM 11--- THE ITEM ON WHICH HE ALLEGES HE INTENDED TO SUBMIT A BID--- APPEARS BUT THAT HE DID NOT SIGN HIS NAME ON THE BOTTOM OF THE PAGE ON WHICH ITEM 16--- THE ITEM ON WHICH HE ALLEGES HE HAD NO INTENTION TO SUBMIT A BID--- IS LISTED. IT IS ALSO NOTED FROM THE BID THAT THE ONLY OTHER PAGES OF THE INVITATION SIGNED BY MR. ORTIZ WERE THE FACE SHEET AND PAGE 3 THEREOF ON WHICH ITEM 3--- THE ONLY OTHER ITEM UPON WHICH MR. ORTIZ BID UPON--- IS LISTED. IT IS IMPLIED BY MR. ORTIZ THAT WHEN HE FILLED OUT THE BID FORM HE MERELY TURNED ONE PAGE TOO MANY WHEN INSERTING HIS BID PRICE OF $313.13 ON SUCH FORM.

ON THE BASIS OF THE FACTS AND EVIDENCE OF RECORD, IT APPEARS THAT MR. ORTIZ MADE AN ERROR IN HIS BID, AS ALLEGED. ACCORDINGLY, SINCE THE ERROR WAS PROMPTLY NOTED AND NO AWARD HAS BEEN MADE, THE BID OF MR. ORTIZ AS TO ITEM 16 MAY BE DISREGARDED IN MAKING THE AWARD.

THE ORIGINAL BID OF MR. ORTIZ AND ONE SET OF THE OTHER PAPERS IN THE CASE ARE RETURNED.