B-124036, JUN. 15, 1955

B-124036: Jun 15, 1955

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VETERANS ADMINISTRATION: REFERENCE IS MADE TO YOUR LETTER OF MAY 17. TO HAVE BEEN MADE IN ITS BID SUBMITTED IN RESPONSE TO INVITATION FOR BIDS NO. THE CONTRACTING OFFICER SUSPECTED ERROR IN THE BID SINCE A HIGHER PRICE WAS QUOTED FOR THE SMALLER THAN WAS QUOTED FOR THE LARGER INCUBATOR AND. THE CORPORATION WAS REQUESTED TO VERIFY ITS BID. THERE WAS SUBMITTED IN SUPPORT OF THE ALLEGED ERROR DESCRIPTIVE LITERATURE OF ITS MODEL NOS. 1271 AND 1270. 100 POUNDS AND IS LISTED AS $2. 700 POUNDS AND IS LISTED AT $1. THE ABSTRACT OF BIDS SHOWS THAT ALL OTHER BIDDERS QUOTED A LOWER PRICE FOR THE MEDIUM THAN WAS QUOTED FOR THE LARGE INCUBATOR. SINCE THE CONTRACTING OFFICER BELIEVED THAT AN ERROR HAD BEEN MADE IN THE BID AND SINCE THE ERROR WAS EXPLAINED AND THE INTENDED BID ESTABLISHED BY THE CORPORATION PRIOR TO AWARD.

B-124036, JUN. 15, 1955

TO HONORABLE H. V. HIGLEY, ADMINISTRATOR, VETERANS ADMINISTRATION:

REFERENCE IS MADE TO YOUR LETTER OF MAY 17, 1955, WITH ENCLOSURES, REQUESTING A DECISION AS TO THE ACTION THAT SHOULD BE TAKEN WITH RESPECT TO AN ERROR ALLEGED BY THE ELECTRIC HOTPACK COMPANY, INC. TO HAVE BEEN MADE IN ITS BID SUBMITTED IN RESPONSE TO INVITATION FOR BIDS NO. A-454-L.

THE INVITATION REQUESTED BIDS FOR FURNISHING, IN SUCH QUANTITIES AS MAY BE REQUIRED DURING THE FISCAL YEAR 1956, BACTERIOLOGICAL INCUBATORS, SIZE 1, MEDIUM (ITEM 1), AND SIZE II, LARGE (ITEM 2). IN RESPONSE TO THE INVITATION, ELECTRIC HOTPACK COMPANY, INC., SUBMITTED A BID DATED APRIL 26, 1955, OFFERING TO FURNISH ITEM 1 (SIZE 1, MEDIUM) FOR A PRICE OF $1,900 EACH AND SHOWED THE GUARANTEED SHIPPING WEIGHT OF THE INCUBATOR AS 2,100 POUNDS. ON ITEM 2 (SIZE II, LARGE) THE CORPORATION QUOTED A PRICE OF $1,700 AND SHOWED THE GUARANTEED SHIPPING WEIGHT AS 1,700 POUNDS.

UPON EXAMINATION OF THE BIDS, THE CONTRACTING OFFICER SUSPECTED ERROR IN THE BID SINCE A HIGHER PRICE WAS QUOTED FOR THE SMALLER THAN WAS QUOTED FOR THE LARGER INCUBATOR AND, THEREFORE, THE CORPORATION WAS REQUESTED TO VERIFY ITS BID. BY LETTER DATED MAY 9, 1955, THE CORPORATION ADVISED THAT THE PRICES QUOTED AND THE WEIGHTS HAD BEEN REVERSED. THERE WAS SUBMITTED IN SUPPORT OF THE ALLEGED ERROR DESCRIPTIVE LITERATURE OF ITS MODEL NOS. 1271 AND 1270.

THE EVIDENCE SUBMITTED SHOWS THAT THE CORPORATION'S MODEL NO. 1270, WHICH APPARENTLY MEETS THE SPECIFICATIONS FOR VA SIZE II (LARGE), HAS A SHIPPING WEIGHT OF 2,100 POUNDS AND IS LISTED AS $2,000; AND THAT MODEL NO. 1271, WHICH APPARENTLY MEETS THE REQUIREMENTS OF VA SIZE I (MEDIUM), HAS A SHIPPING WEIGHT OF 1,700 POUNDS AND IS LISTED AT $1,700. ALSO, THE ABSTRACT OF BIDS SHOWS THAT ALL OTHER BIDDERS QUOTED A LOWER PRICE FOR THE MEDIUM THAN WAS QUOTED FOR THE LARGE INCUBATOR. THUS, THERE APPEARS NO DOUBT THAT THE CORPORATION MADE AN ERROR BY REVERSING ITS QUOTATIONS ON THE TWO ITEMS AS ALLEGED.

ACCORDINGLY, SINCE THE CONTRACTING OFFICER BELIEVED THAT AN ERROR HAD BEEN MADE IN THE BID AND SINCE THE ERROR WAS EXPLAINED AND THE INTENDED BID ESTABLISHED BY THE CORPORATION PRIOR TO AWARD, THE BID OF THE ELECTRIC HOTPACK COMPANY, INC., ON THE TWO ITEMS SHOULD BE REVERSED. THE BID, AS SO CORRECTED, MAY BE CONSIDERED ALONG WITH THE OTHER BIDS IN MAKING AWARD.

IN THE EVENT OF AN AWARD TO THE ELECTRIC HOTPACK COMPANY, INC., A REFERENCE TO THIS DECISION SHOULD BE MADE ON THE CONTRACT.