B-124039, JUN. 16, 1955

B-124039: Jun 16, 1955

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TO THE SECRETARY OF AGRICULTURE: REFERENCE IS MADE TO A LETTER DATED MAY 19. IT WAS CLEARLY PROVIDED IN THE INVITATION THAT THE BASIC BID WAS TO BE REDUCED BY THE AMOUNT SHOWN IN ALTERNATE BID 1A IF CERTAIN MINOR CHANGES TO SEVERAL WINDOWS WERE MADE. THE FACT THAT THE ATLANTIC STEEL COMPANY QUOTED A HIGHER PRICE FOR ITS ALTERNATE BID 1A THAN FOR ITS BASIC BID AND THE GENERAL STEEL COMPANY QUOTED A PRICE FOR ITS ALTERNATE BID 1A WHICH WAS ONLY $9 LESS THAN ITS BASIC BID FOR THE SUBSTANTIAL CONSTRUCTION WORK INVOLVED SHOWS. THAT THERE WAS A MISUNDERSTANDING BY THESE BIDDERS AS TO THE REQUIREMENTS OF THE ALTERNATE BID. WHICH WAS THE LOWEST BID RECEIVED.

B-124039, JUN. 16, 1955

TO THE SECRETARY OF AGRICULTURE:

REFERENCE IS MADE TO A LETTER DATED MAY 19, 1955, WITH ENCLOSURES, FROM THE ADMINISTRATIVE ASSISTANT SECRETARY, DEPARTMENT OF AGRICULTURE, REQUESTING A DECISION AS TO THE APPROPRIATE ACTION TO BE TAKEN WITH RESPECT TO ERRORS WHICH THE ATLANTIC STEEL COMPANY AND THE GENERAL STEEL COMPANY ALLEGE THAT THEY MADE IN THEIR BIDS SUBMITTED IN RESPONSE TO INVITATION NO. ARS-548-B-55 OF THE AGRICULTURAL RESEARCH SERVICE.

IT WAS CLEARLY PROVIDED IN THE INVITATION THAT THE BASIC BID WAS TO BE REDUCED BY THE AMOUNT SHOWN IN ALTERNATE BID 1A IF CERTAIN MINOR CHANGES TO SEVERAL WINDOWS WERE MADE. THEREFORE, THE FACT THAT THE ATLANTIC STEEL COMPANY QUOTED A HIGHER PRICE FOR ITS ALTERNATE BID 1A THAN FOR ITS BASIC BID AND THE GENERAL STEEL COMPANY QUOTED A PRICE FOR ITS ALTERNATE BID 1A WHICH WAS ONLY $9 LESS THAN ITS BASIC BID FOR THE SUBSTANTIAL CONSTRUCTION WORK INVOLVED SHOWS, WITHOUT DOUBT, THAT THERE WAS A MISUNDERSTANDING BY THESE BIDDERS AS TO THE REQUIREMENTS OF THE ALTERNATE BID.

THE BID OF THE ALLIED STEEL PRODUCTS CORPORATION, WHICH WAS THE LOWEST BID RECEIVED, MAY THEREFORE BE ACCEPTED, IF OTHERWISE RESPONSIVE, WITHOUT FURTHER REGARD TO THE BIDS OF THE ATLANTIC AND GENERAL STEEL COMPANIES.

A REFERENCE TO THIS DECISION SHOULD BE MADE ON THE CONTRACT AWARDED.