Otis Williams & Co. v. United States

Plaintiffs sue for damages for delay in the furnishing of reinforcement steel by the defendant under a contract entered into between the parties on April 15,1946.

On April 10, 1945, the defendant, through the Bureau of Reclamation, Department of the Interior, issued invitations for bids for construction of the Big Flat Canal. Plaintiffs were the low bidder, and on April 15, 1946, about a year later, were awarded the contract.

*271The specifications, which were attached to the invitation for bids, provided in paragraph 11:

Availability of fwnds. — This contract is made contingent upon Congress making…