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then prepared and sent to WIB, and a copy of that check request
was also sent to petitioner. In his memorandum, Watson stated
that “Should UCC wish to raise a question concerning any bill,
all they need to do is pick up the telephone and call the escrow
agent [WIB] and request that payment be held up until UCC is
satisfied.”
In his October 15, 1985, memorandum Watson also responded to
petitioner’s concern that W&H, as required by the Contract, make
reasonable efforts to solicit competitive bids from vendors,
where time and market conditions permitted. Watson explained
that W&H’s executives, in soliciting bids, prepared
specifications for the various goods and services needed on a
standardized 7-part purchase order form. The executives then
contacted prospective vendors, advised them of the specifications
for the goods and services sought, and requested bids. The bids
submitted typically were given to the executives over the
telephone, rather than in writing. However, the W&H executives
who received these bids recorded the bid, the name of the company
making it, and the date the bid was submitted, on the last page
of the purchase order. Watson maintained that requiring W&H to
obtain written bids, as petitioner wanted, would be too
cumbersome a procedure and might deter prospective bidders from
submitting bids. If petitioner wanted to audit a bid, Watson
suggested, then petitioner could contact various vendors and ask
them for their internal documentation on the bids they had
submitted to W&H.
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