Miller v. United States
62 F. Supp. 327 (1945)
On October 10, 1942, the Federal Public Housing Authority invited bids for the construction of a war housing project at Hatboro, Pennsylvania. The invitation stated that bids would be opened at the Authority' s office at 270 Broadway at 2 P. M. on October 22. Plaintiffs were engaged in the general contracting business. On October 21, they mailed a letter from Atlantic City, New Jersey, which was their principal place of business, to the Authority, containing a bid of $ 693, 000. This letter arrived in time for the opening of bids.
The instructions to bidders contained a provision that telegraphic modifications of bids already submitted in writing would be considered if received by the Authority prior to the hour set for the opening of bids. This provision, which was usual in invitations, was often made use of by bidders, including plaintiffs, when bidding on Government contracts. It enabled them to set their final bids on the basis of late offers received by them from prospective subcontractors, and of late information concerning prices. Plaintiffs, having received later offers from subcontractors justifying a reduction of their mailed bid, sent a telegram at 12:43 P. M. on October 22 reducing their bid by $ 50, 000. This telegram was not delivered to the Authority until about 3 P. M. the same day.作者: 天才扬扬 时间: 2008-4-11 19:40
