B-125579, OCT. 5, 1955

B-125579: Oct 5, 1955

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TO THE HONORABLE SECRETARY OF AGRICULTURE: REFERENCE IS MADE TO YOUR LETTER OF SEPTEMBER 23. TO HAVE BEEN MADE IN THEIR BIDS OF $57 AND $275. EACH OF THE COMPANIES PROMPTLY REPLIED BY ADVISING THAT A TYPOGRAPHICAL ERROR WAS MADE IN ITS BID AND BY FURNISHING EVIDENCE WHICH REASONABLY SUBSTANTIATES THE ALLEGATION OF ERROR. THERE IS NO DOUBT THAT SUCH COMPANY MADE A BONA FIDE ERROR IN ITS BID. SINCE IT WAS BELIEVED THAT THE BIDS WERE ERRONEOUS AND SINCE SUCH BELIEF WAS CONFIRMED AND THE ERRORS WERE EXPLAINED SATISFACTORILY PRIOR TO AWARD.

B-125579, OCT. 5, 1955

TO THE HONORABLE SECRETARY OF AGRICULTURE:

REFERENCE IS MADE TO YOUR LETTER OF SEPTEMBER 23, 1955, WITH ENCLOSURES, RELATIVE TO ERRORS ALLEGED BY SCIENTIFIC GLASS APPARATUS CO., INC., AND W. H. CURTIN AND CO. TO HAVE BEEN MADE IN THEIR BIDS OF $57 AND $275, RESPECTIVELY, SUBMITTED IN RESPONSE TO INVITATION NO. ARS-41-B-56.

SINCE THE RECORD SHOWS THAT THE OTHER 24 RESPONSIVE BIDS RECEIVED RANGED FROM $486 TO $592, THE CONTRACTING OFFICER PROPERLY TOOK NOTICE OF THE PROBABILITY OF ERROR IN THE LOW PRICES QUOTED BY THE AFORE NAMED TWO BIDDERS. UPON BEING REQUESTED TO VERIFY THEIR BIDS, EACH OF THE COMPANIES PROMPTLY REPLIED BY ADVISING THAT A TYPOGRAPHICAL ERROR WAS MADE IN ITS BID AND BY FURNISHING EVIDENCE WHICH REASONABLY SUBSTANTIATES THE ALLEGATION OF ERROR.

ON THE BASIS OF THE FACTS AND EVIDENCE OF RECORD, THERE IS NO DOUBT THAT SUCH COMPANY MADE A BONA FIDE ERROR IN ITS BID, AS ALLEGED. ACCORDINGLY, SINCE IT WAS BELIEVED THAT THE BIDS WERE ERRONEOUS AND SINCE SUCH BELIEF WAS CONFIRMED AND THE ERRORS WERE EXPLAINED SATISFACTORILY PRIOR TO AWARD, THE BIDS OF SCIENTIFIC GLASS APPARATUS CO., INC. AND W. H. CURTIN AND CO. SHOULD BE DISREGARDED.