In  the  absence  of  any  statutory  provision  to  the  contrary,  a  bidder  for
a  Government  contract  may  withdraw  his  bid  at  any  time  before  notice
of  acceptance  thereof.  (21  Op.  Atty.  Gen.,  56.)

In  connection  with  the  statement  just  made,  permit  me  to  digress  for
a  moment  to  call  your  attention  to  one  or  two  principles  of  law  relating
to  the  communication  of  an  acceptance.
The  bidder  may,  of  course,  prescribe  conditions  as  to  the  time  by
which,  or  the  place  at  which,  or  the  form  in  which,  an  acceptance  of  his
offer  must  be  made.  In  like  manner  he  may  prescribe  the  mode  of
communication  of  that  acceptance.
If  no  time  is  fixed  for  the  acceptance,  the  offer  must  be  accepted  within
a  reasonable  time.
If  the  person  making  the  offer  designates  a  place  at  which  he  will
receive  an  acceptance  thereof,  and  the  designation  of  such  place  is  a  con¬
dition  of  the  proposal,  an  acceptance  communicated  to  him  elsewhere
does  not  create  a  contract.  This  is  true,  even  though  the  acceptance  is
actually  received  by  the  offerer.  (See  Eliason  vs.  Henshaw,  4  Wheaton
(U.  S.),  225.)


7


A  bidder  may  likewise  impose  a  condition  as  to  the  form  in  which  an
acceptance  of  his  offer  must  be  communicated  to  him— as,  for  instance,
that  it  shall  be  in  writing— and  the  acceptor  must  adopt  that  form,  else
the  acceptance  will  be  ineffectual.  (See  Pollock  on  Contracts,  25.)

The  bidder  or  proposer  may  also  prescribe  the  manner  in  which  the
acceptance  shall  be  communicated  to  him.  If  he  does  so,  that  mode  must
be  adopted  by  the  acceptor  in  order  to  create  the  contract.  (Eliason  vs.
