B-128050, JUN. 5, 1956

B-128050, JUN. 5, 1956

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

REFERENCE IS MADE TO YOUR LETTER OF MAY 25, 1956, WITH ENCLOSURES, RELATIVE TO AN ALLEGED ERROR IN AN UNDATED BID SUBMITTED BY PENN WINDOW CLEANING CO., INC., IN RESPONSE TO INVITATION NO. 57-4. YOU REQUEST A DECISION AS TO WHETHER THE REQUESTED WITHDRAWAL OF THE BID MAY BE AUTHORIZED.

THE INVITATION CALLED FOR BIDS ON FURNISHING THE SERVICE AND EQUIPMENT REQUIRED TO WASH THE WINDOWS, STORM WINDOWS AND GLAZED DOORS IN HOSPITAL BUILDINGS AT BUFFALO, NEW YORK, FOUR TIMES, OR ONCE EVERY THREE MONTHS, DURING THE PERIOD FROM JULY 1, 1956, TO JUNE 30, 1957. A UNIT PRICE FOR EACH OF THE FOUR JOBS WAS REQUESTED AS WELL AS AN AGGREGATE PRICE FOR THE ENTIRE WORK (4 JOBS) CALLED FOR DURING THE FISCAL YEAR. IN ITS BID THE CORPORATION QUOTED ONE PRICE OF $1,900 WHICH WAS INSERTED IN THE AMOUNT COLUMN OF THE BID FORM. THE ABSTRACT OF BIDS SHOWS THAT THE SIX OTHER AGGREGATE BIDS COVERING THE FOUR WASHING JOBS RANGED FROM $7,176 TO $28,000. TWO OF THE BIDS ALSO CONTAINED NO UNIT PRICE--- ONLY THE AGGREGATE BID FOR THE FOUR (4) SEPARATE JOBS--- WHEREAS FOUR OF THESE SIX BIDS QUOTED UNIT PRICES CONSISTENT WITH THE TOTAL BID PRICE QUOTED THEREIN. AS THE CONTRACTING OFFICER NOTED, THE BID SUBMITTED BY PENN WINDOW CLEANING CO., INC., WAS OUT OF LINE WITH THE OTHER BIDS.

UPON BEING REQUESTED TO CONFIRM ITS BID OF $1,900, WHICH WAS ON THE BASIS OF $475 PER WASHING JOB, THE PENN WINDOW CLEANING CO., INC., ADVISED THAT AN ERROR HAD BEEN MADE BY ITS SECRETARY IN PLACING THE UNIT PRICE BID OF $1,900 IN THE AMOUNT COLUMN INSTEAD OF IN THE UNIT PRICE COLUMN. SUPPORT OF ITS CONTENTION THAT IT INTENDED THE BID TO BE ITS UNIT PRICE BID, IT FORWARDED THREE OF ITS BIDS SUBMITTED IN RESPONSE TO OTHER SIMILAR INVITATIONS FOR BIDS FOR WINDOW WASHINGS IN OTHER VETERANS HOSPITAL BUILDINGS, EACH OF WHICH SHOWS THAT A UNIT PRICE PER WASHING WAS QUOTED THEREON AS WELL AS A TOTAL BID PRICE FOR THE REQUIRED SERVICE DURING THE FISCAL YEAR.

ON THE BASIS OF THE REPORTED FACTS AND THE EVIDENCE OF RECORD, THERE IS 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 SUCH BELIEF WAS CONFIRMED AND THE ERROR WAS SATISFACTORILY EXPLAINED PRIOR TO AWARD, THE BID OF PENN WINDOW CLEANING CO., INC., MAY BE DISREGARDED IN MAKING THE AWARD.