B-124191, JUN. 14, 1955

B-124191: Jun 14, 1955

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AGRICULTURAL RESEARCH SERVICE: REFERENCE IS MADE TO YOUR LETTER OF JUNE 2. THE RECORD SHOWS THAT THE BIDS WERE OPENED ON MAY 26. THAT IF THIS ADDITIONAL STEEL WERE INCLUDED. PERMISSION TO WITHDRAW THE BID WAS REQUESTED. THE COMPANY'S BID OF $954 IS CONSIDERABLY LESS THAN THE THREE OTHER BIDS OF $1. YOU STATE THAT THE ENGINEERS OF THE STAFF OF YOUR OFFICE "ARE OF THE OPINION THAT THE QUOTED PRICE IS VERY LOW AND AN ERROR IN ESTIMATING WAS POSSIBLE.'. SINCE THE ERROR WAS ALLEGED AND EXPLAINED SATISFACTORILY BY THE COMPANY PRIOR TO AWARD.

B-124191, JUN. 14, 1955

TO MR. E. L. WHITE, CONTRACTING OFFICER, AGRICULTURAL RESEARCH SERVICE:

REFERENCE IS MADE TO YOUR LETTER OF JUNE 2, 1955, WITH ENCLOSURES, REQUESTING A DECISION AS TO THE ACTION TO BE TAKEN WITH RESPECT TO AN UNDATED BID SUBMITTED IN RESPONSE TO INVITATION NO. 108-OP-55, BY ROSSLYN STEEL AND CEMENT COMPANY, IN VIEW OF THE BIDDER'S ALLEGATION OF ERROR.

THE RECORD SHOWS THAT THE BIDS WERE OPENED ON MAY 26, 1955; THAT THE COMPANY, IN A LETTER DATED MAY 27, 1955, CONFIRMING ADVICE PREVIOUSLY GIVEN BY TELEPHONE, STATED THAT AN ERROR HAD BEEN MADE IN COMPUTING ITS BID IN THAT IT OVERLOOKED THE REQUIREMENT TO FURNISH THE STRAIGHT STEEL BARS OF VARIOUS SIZES AS SPECIFIED ON THE DRAWING; THAT IF THIS ADDITIONAL STEEL WERE INCLUDED, ITS BID PRICE WOULD BE $1,249 AND, THEREFORE, PERMISSION TO WITHDRAW THE BID WAS REQUESTED.

THE COMPANY'S BID OF $954 IS CONSIDERABLY LESS THAN THE THREE OTHER BIDS OF $1,149, $1,213.38 AND $1,264.82. MOREOVER, YOU STATE THAT THE ENGINEERS OF THE STAFF OF YOUR OFFICE "ARE OF THE OPINION THAT THE QUOTED PRICE IS VERY LOW AND AN ERROR IN ESTIMATING WAS POSSIBLE.'

THE FACTS AND EVIDENCE OF RECORD REASONABLY ESTABLISH THAT THE COMPANY MADE A BONA FIDE ERROR IN ITS BID AS ALLEGED. ACCORDINGLY, SINCE THE ERROR WAS ALLEGED AND EXPLAINED SATISFACTORILY BY THE COMPANY PRIOR TO AWARD, THE BID OF ROSSLYN STEEL AND CEMENT COMPANY SHOULD BE DISREGARDED.