B-128216, JUN. 15, 1956

B-128216: Jun 15, 1956

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VETERANS ADMINISTRATION: REFERENCE IS MADE TO YOUR LETTER OF JUNE 11. PROSPECTIVE BIDDERS WERE ADVISED IN THE INVITATION THAT IT WAS CONTEMPLATED THAT ALL ITEMS LISTED WOULD BE AWARDED IN THE AGGREGATE. WERE IN THE AMOUNTS OF $7. THAT ITS BID PRICE OF $37.50 PER CYLINDER FOR ITEM 4 WAS ERRONEOUS IN THAT IT WAS BASED ON FURNISHING CYCLOPROPANE GAS IN STYLE BB 100-GALLON CYLINDERS RATHER THAN IN STYLE D 230-GALLON CYLINDERS AS REQUIRED. THAT THE CORRECT UNIT PRICE FOR ITEM 4 IS $77 PER CYLINDER. IS $7.001.35. DOUBT THAT AN ERROR WAS MADE IN THE BID. ARE NOT SUCH AS WOULD WARRANT A DEPARTURE FROM THE GENERAL RULE THAT BIDS MAY NOT BE CHANGED AFTER THE BIDS HAVE BEEN OPENED.

B-128216, JUN. 15, 1956

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

REFERENCE IS MADE TO YOUR LETTER OF JUNE 11, 1956, WITH ENCLOSURES, REQUESTING A DECISION AS TO THE ACTION TO BE TAKEN CONCERNING AN ERROR EVANS AIR PRODUCTS, INC., STATEN ISLAND, NEW YORK, ALLEGES IT MADE IN ITS BID OPENED ON MAY 24, 1956.

THE VETERANS ADMINISTRATION HOSPITAL, NEW YORK, NEW YORK, BY INVITATION NO. 57-7, REQUESTED BIDS FOR FURNISHING ESTIMATED QUANTITIES OF VARIOUS TYPES OF MEDICAL AND COMMERCIAL GASES DURING THE PERIOD BEGINNING JULY 1, 1956, AND ENDING JUNE 30, 1957, ITEMS 1 TO 7, INCLUSIVE. PROSPECTIVE BIDDERS WERE ADVISED IN THE INVITATION THAT IT WAS CONTEMPLATED THAT ALL ITEMS LISTED WOULD BE AWARDED IN THE AGGREGATE. IN RESPONSE EVANS AIR PRODUCTS, INC., SUBMITTED A BID DATED MAY 24, 1956, OFFERING TO FURNISH CYCLOPROPANE GAS UNDER ITEM 4 AT A PRICE OF $37.50 PER CYLINDER AND TO FURNISH ALL OF THE GASES REQUIRED UNDER ITEMS 1 TO 7, INCLUSIVE, FOR AN AGGREGATE TOTAL PRICE OF $4,038.85. THE THREE OTHER AGGREGATE BIDS ON ITEMS 1 TO 7, INCLUSIVE, WERE IN THE AMOUNTS OF $7,127.70, $7,135.41, AND $9,089.66.

UPON BEING REQUESTED TO VERIFY ITS BID, EVANS AIR PRODUCTS, INC., ADVISED BY LETTER DATED MAY 31, 1956, THAT ITS BID PRICE OF $37.50 PER CYLINDER FOR ITEM 4 WAS ERRONEOUS IN THAT IT WAS BASED ON FURNISHING CYCLOPROPANE GAS IN STYLE BB 100-GALLON CYLINDERS RATHER THAN IN STYLE D 230-GALLON CYLINDERS AS REQUIRED; THAT THE CORRECT UNIT PRICE FOR ITEM 4 IS $77 PER CYLINDER; AND THAT THE CORRECT AGGREGATE TOTAL PRICE FOR ITEMS 1 TO 7, INCLUSIVE, IS $7.001.35.

ON THE RECORD FURNISHED, THERE APPEARS LITTLE, IF ANY, DOUBT THAT AN ERROR WAS MADE IN THE BID, AS ALLEGED. THE CIRCUMSTANCES IN THE CASE, HOWEVER, ARE NOT SUCH AS WOULD WARRANT A DEPARTURE FROM THE GENERAL RULE THAT BIDS MAY NOT BE CHANGED AFTER THE BIDS HAVE BEEN OPENED. SEE 17 COMP. GEN. 575.

ACCORDINGLY, THE BID OF EVANS AIR PRODUCTS, INC., AS TO ITEM 4, MAY BE DISREGARDED IN MAKING THE AWARD.