Kelly v. United States

WHITAKER, Judge.

The plaintiff submitted a sealed competitive bid to supply milk and other dairy requirements to the Government’s Veterans’ Administration Hospital at Lexington, Kentucky, for the period May 15, 1946, through June 30, 1947. The bids were to be opened on April 30, 1946. In the standard government form on which the bids were submitted was paragraph 6,1 providing for an increase or decrease in the bid price if taxes or charges were increased or decreased by Congress after the bid was submitted.

When the bids were read on April 30, one of the plaintiff’s competitor’s bids was read…