B-126706, JAN. 24, 1956

B-126706: Jan 24, 1956

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VETERANS ADMINISTRATION: REFERENCE IS MADE TO YOUR LETTER OF JANUARY 19. S-171 BIDS WERE REQUESTED FOR FURNISHING. THE ABSTRACT OF THE BIDS RECEIVED ON ITEM NO. 1 SHOWS THAT THE SIX OTHER BIDS WERE FOR FURNISHING THE JUICE IN 46-OZ. THE CORPORATION WAS THE SOLE BIDDER QUOTING A PRICE ON FURNISHING THE JUICE IN THE NO. 10 CANS. THE FACTS FURTHER SHOW THAT THE BIDS WERE OPENED ON JANUARY 11. THAT THE CONTRACTING OFFICER OBSERVED THAT THE CORPORATION'S BID ON ITEM NO. 1 WAS OUT OF LINE. THAT AN ERROR WAS MADE IN ITS BID IN THAT ITS PRICE OF $2.555 PER DOZEN CANS QUOTED UNDER ITEM NO. ACTUALLY WAS INTENDED. CLEARLY ESTABLISH THE ERROR TO HAVE BEEN MADE. ITS BID TO HAVE BEEN INTENDED.

B-126706, JAN. 24, 1956

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

REFERENCE IS MADE TO YOUR LETTER OF JANUARY 19, 1956, WITH ENCLOSURES, REQUESTING A DECISION AS TO WHETHER A BID DATED JANUARY 5, 1956 SUBMITTED BY SWEET LIFE FOOD CORPORATION MAY BE CHANGED AFTER OPENING IN VIEW OF THE BIDDER'S ALLEGATION OF ERROR.

THE RECORD SHOWS THAT UNDER ITEM NO. 1 OF INVITATION NO. S-171 BIDS WERE REQUESTED FOR FURNISHING, F.O.B. SOMERVILLE, NEW JERSEY, DURING FEBRUARY 1956, OR AS OFFERED, 1,796 DOZEN NO. 10 CANS OR 3,750 DOZEN 46-OZ. CANS OF UNSWEETENED APPLE JUICE. THE CORPORATION OFFERED IN ITS BID TO FURNISH THE SPECIFIED QUANTITY OF NO. 10 CANS AT $2.555 PER DOZEN CANS.

THE ABSTRACT OF THE BIDS RECEIVED ON ITEM NO. 1 SHOWS THAT THE SIX OTHER BIDS WERE FOR FURNISHING THE JUICE IN 46-OZ. CANS ONLY. THE CORPORATION WAS THE SOLE BIDDER QUOTING A PRICE ON FURNISHING THE JUICE IN THE NO. 10 CANS. THE FACTS FURTHER SHOW THAT THE BIDS WERE OPENED ON JANUARY 11, 1956, AND THAT THE CONTRACTING OFFICER OBSERVED THAT THE CORPORATION'S BID ON ITEM NO. 1 WAS OUT OF LINE, ON THE "PER OUNCE" BASIS, WITH THE OTHER BIDS RECEIVED ON THE ITEM.

UPON BEING REQUESTED BY TELEGRAM OF JANUARY 12, 1956, TO VERIFY ITS BID ON THE ITEM, THE CORPORATION PROMPTLY ALLEGED, BY TELEGRAM OF THE SAME DATE, AND CONFIRMING LETTER OF JANUARY 13, THAT AN ERROR WAS MADE IN ITS BID IN THAT ITS PRICE OF $2.555 PER DOZEN CANS QUOTED UNDER ITEM NO. ACTUALLY WAS INTENDED, AS SHOWN ON ITS WORKSHEET, AS ITS BID FOR THE 3,750 DOZEN 46-OZ. CANS, INSTEAD OF FOR THE 1,796 DOZEN NO. 10 CANS AS TYPED ERRONEOUSLY ON THE BID FORM. ITS SUPPLIER'S QUOTATION DATED DECEMBER 27, 1955, ITS WORKSHEET, AND THE RETAINED COPY OF ITS BID, CLEARLY ESTABLISH THE ERROR TO HAVE BEEN MADE, AND ITS BID TO HAVE BEEN INTENDED, AS ALLEGED.

ACCORDINGLY, THE BID OF SWEET LIFE FOOD CORPORATION MAY BE CORRECTED TO PROVIDE FOR A BID ON ITEM NO. 1 OF $2.555 PER DOZEN FOR THE 3,750 DOZEN 46 -OZ. CANS INSTEAD OF FOR THE 1,796 NO. 10 CANS AS QUOTED BY MISTAKE IN THE BID AS SUBMITTED.