International Graphics, Inc. v. Bryant, 5--5970

• Decision Date: 24 July 1972
• Docket Number: No. 5--5970,5--5970
• Parties: INTERNATIONAL GRAPHICS, INC., an Arkansas Corporation, Appellant, v. Kelly BRYANT, As Secretary of State for the State of Arkansas, et al., Appellees.
• Court: Arkansas Supreme Court

Page 820

482 S.W.2d 820

252 Ark. 1297

INTERNATIONAL GRAPHICS, INC., an Arkansas Corporation, Appellant, v. Kelly BRYANT, As Secretary of State for the State of

Arkansas, et al., Appellees.

No. 5--5970.

Supreme Court of Arkansas.

July 24, 1972.

Spitzberg, Mitchell & Hays, Little Rock, for appellant.

Smith, Williams, Friday, Eldredge & Clark by Michael G. Thompson, Joe Bell and Joe D. Madey, Little Rock, for appellees.

GEORGE F. HARTJE, Special Justice.

This action was brought against Kelly Bryant, as Secretary of the State of Arkansas, to require him, under a mandamus proceeding, to approve and accept several bids submitted by appellant, International Graphics, Inc., on state printing contracts. Appellant had submitted its bid in response to a Notice to Bidders on the appointed day and prior to the 10:00 a.m. deadline. The testimony is not in conflict as to what followed. About 11:30 a.m. while bids were being opened and read, but prior to any of appellant's bids being opened and read, appellant notified the Secretary of State that it had not executed the general provisions included with the bids as required by the Official Instructions to Bidders Upon State Printing Contracts and offered to substitute signed copies of the general provisions at that time and was refused by the appellee. Later, when its bids were opened, appellant was the apparent low bidder on several contracts to be awarded, but the contracts were awarded to other bidders upon the grounds that the appellant had failed to meet all of the requirements for a qualified bidder, and that its bid was not acceptable.

The lower court dismissed the petition for Writ of Mandamus but found by way of declaratory judgment that appellant was the lowest responsible bidder and should have been awarded the contracts. Appellant appealed from the dismissal of its mandamus action, and appellee cross appealed from the finding that appellant was the lowest responsible bidder.

The Official Instructions to Bidders Upon State Printing Contracts provided in paragraph 4:

'A properly executed copy of the form entitled 'General Provisions Applying to all State Printing Contracts' must be attached to each bid upon each contract.'

These general provisions are a very important part of any state printing contract. They specifically set forth the answers to various questions and requirements of the contract as to the quality of workmanship acceptable, the procedures to be followed, questions regarding overruns and underruns, delivery methods and charges, quality of products to be used, items which become the property of the State of Arkansas, etc. Without the general provisions a printing contract is incomplete. The general provisions are, in effect, the ...