B-126829, FEB. 6, 1956

B-126829: Feb 6, 1956

Additional Materials:

Contact:

Edda Emmanuelli Perez
(202) 512-2853
EmmanuelliPerezE@gao.gov

 

Office of Public Affairs
(202) 512-4800
youngc1@gao.gov

VETERANS ADMINISTRATION: REFERENCE IS MADE TO YOUR LETTER OF JANUARY 30. SINCE IT WAS BELIEVED THAT THE BID WAS ERRONEOUS AND SINCE SUCH BELIEF WAS CONFIRMED AND THE ERROR WAS ALLEGED AND EXPLAINED BY THE BIDDER PRIOR TO AWARD.

B-126829, FEB. 6, 1956

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

REFERENCE IS MADE TO YOUR LETTER OF JANUARY 30, 1956, WITH ENCLOSURES, REQUESTING A DECISION AS TO THE ACTION TO BE TAKEN CONCERNING AN UNDATED BID SUBMITTED BY AMERICAN HOSPITAL SUPPLY CORPORATION IN VIEW OF THE BIDDER'S ALLEGATION OF ERROR.

ON THE BASIS OF THE FACTS AND EVIDENCE OF RECORD, THERE APPEARS TO BE NO DOUBT THAT THE CORPORATION MADE A BONA FIDE ERROR IN ITS BID AS ALLEGED. ACCORDINGLY, SINCE IT WAS BELIEVED THAT THE BID WAS ERRONEOUS AND SINCE SUCH BELIEF WAS CONFIRMED AND THE ERROR WAS ALLEGED AND EXPLAINED BY THE BIDDER PRIOR TO AWARD, THE BID OF AMERICAN HOSPITAL SUPPLY CORPORATION SHOULD 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.

HEREAFTER, AS A GENERAL PRACTICE, BIDDERS SHOULD BE REQUESTED TO FURNISH EVIDENCE SUBSTANTIATING THEIR ALLEGATIONS OF ERROR BEFORE REFERRING THEIR CASES TO US FOR DECISION. SUCH EVIDENCE MAY BE IN THE FORM OF ORIGINAL WORKSHEETS SWORN TO AS SUCH, INDEPENDENT STATEMENTS FROM SUPPLIERS, OR OTHER EVIDENCE THAT MIGHT BE PERTINENT IN A PARTICULAR CASE. THE FURNISHING OF SUCH EVIDENCE WOULD MATERIALLY ASSIST US IN DECIDING THE MERITS OF THESE ERROR-IN-BID CASES AND COULD WELL SERVE TO AVOID DELAY INCIDENT TO FURTHER DEVELOPMENT BY US. ..END :