B-126731, JAN. 31, 1956

B-126731: Jan 31, 1956

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VETERANS ADMINISTRATION: REFERENCE IS MADE TO YOUR LETTER OF JANUARY 20. BIDS WERE REQUESTED FOR FURNISHING UNDER ITEM NO. 1 AN ESTIMATED QUANTITY OF 54 ADJUSTABLE MICROSCOPE ILLUMINATORS IN STRICT ACCORDANCE WITH THE STATED SPECIFICATIONS. THE RECORD SHOWS THAT THE BIDS WERE OPENED ON DECEMBER 27. THE COMPANY ADVISED THAT AN ERROR WAS MADE IN PREPARING ITS BID IN THAT THE TYPIST TRANSPOSED THE DIGITS IN THE INTENDED BID PRICE SO THAT IT READ $64.80. THERE IS LITTLE. DOUBT THAT A BONA FIDE ERROR WAS MADE IN THE PREPARATION OF THE COMPANY'S BID. SINCE THE ERROR WAS ALLEGED AND EXPLAINED SATISFACTORILY PRIOR TO AWARD. ARE RETURNED.

B-126731, JAN. 31, 1956

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

REFERENCE IS MADE TO YOUR LETTER OF JANUARY 20, 1956, WITH ENCLOSURES, REQUESTING A DECISION AS TO WHETHER A BID DATED DECEMBER 22, 1955, SUBMITTED BY E. H. SARGENT AND CO., MAY BE CORRECTED AFTER OPENING IN VIEW OF THE BIDDER'S ALLEGATION OF ERROR.

BY INVITATION NO. A-160-L, ISSUED BY THE DEPARTMENT OF MEDICINE AND SURGERY, BIDS WERE REQUESTED FOR FURNISHING UNDER ITEM NO. 1 AN ESTIMATED QUANTITY OF 54 ADJUSTABLE MICROSCOPE ILLUMINATORS IN STRICT ACCORDANCE WITH THE STATED SPECIFICATIONS. IN ITS BID THE COMPANY OFFERED TO FURNISH A BAUSCH AND LOMB OPTICAL COMPANY MODEL NO. PG-26 ILLUMINATOR FOR $64.80 EACH. THE RECORD SHOWS THAT THE BIDS WERE OPENED ON DECEMBER 27, 1955, AND THAT, BY LETTER DATED JANUARY 3, 1956, THE COMPANY ADVISED THAT AN ERROR WAS MADE IN PREPARING ITS BID IN THAT THE TYPIST TRANSPOSED THE DIGITS IN THE INTENDED BID PRICE SO THAT IT READ $64.80, AS SUBMITTED, INSTEAD OF $68.40, AS INTENDED.

ON THE BASIS OF THE FACTS AND EVIDENCE OF RECORD IN THIS CASE, INCLUDING A COPY OF ITS SUPPLIER'S PUBLISHED PRICE LIST AND A STATEMENT OF THE COMPANY'S SECRETARY WHO MADE THE ALLEGED TRANSPOSITIONAL MISTAKE IN TYPING THE BID, THERE IS LITTLE, IF ANY, DOUBT THAT A BONA FIDE ERROR WAS MADE IN THE PREPARATION OF THE COMPANY'S BID.

ACCORDINGLY, SINCE THE ERROR WAS ALLEGED AND EXPLAINED SATISFACTORILY PRIOR TO AWARD, THE BID OF E. H. SARGENT AND CO. MAY BE DISREGARDED--- THE FACTS AND CIRCUMSTANCES IN THE CASE NOT BEING SUCH AS TO WARRANT A DEPARTURE FROM THE BASIC RULE THAT BIDS MAY NOT BE CHANGED AFTER OPENING. SEE 17 COMP. GEN. 575.

THE PAPERS FORWARDED WITH YOUR LETTER OF JANUARY 20, 1956, ARE RETURNED.