B-128217, JUN. 18, 1956

B-128217: Jun 18, 1956

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VETERANS ADMINISTRATION: REFERENCE IS MADE TO YOUR LETTER OF JUNE 11. THERE IS LITTLE ROOM FOR DOUBT THAT THE COMPANY MADE A BONA FIDE ERROR IN ITS BID OF $2.68 PER CYLINDER ON ITEM NO. 11 AND THAT. ITS INTENDED BID FOR THE GAS CALLED FOR UNDER THAT ITEM WAS $5.68 PER CYLINDER. IF THE BID WERE CORRECTED. SINCE THE ERROR WAS ALLEGED AND SATISFACTORILY EXPLAINED BY THE BIDDER PRIOR TO AWARD. ARE RETURNED HEREWITH.

B-128217, JUN. 18, 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 WHETHER A BID DATED APRIL 16, 1956, SUBMITTED BY THE OHIO CHEMICAL PACIFIC COMPANY IN RESPONSE TO INVITATION NO. 57-7 MAY BE CORRECTED IN VIEW OF THE BIDDER'S ALLEGATION OF ERROR.

ON THE BASIS OF THE REPORTED FACTS AND THE EVIDENCE OF RECORD IN THIS CASE, THERE IS LITTLE ROOM FOR DOUBT THAT THE COMPANY MADE A BONA FIDE ERROR IN ITS BID OF $2.68 PER CYLINDER ON ITEM NO. 11 AND THAT, AS ALLEGED, ITS INTENDED BID FOR THE GAS CALLED FOR UNDER THAT ITEM WAS $5.68 PER CYLINDER. HOWEVER, IF THE BID WERE CORRECTED, IT NO LONGER WOULD BE THE LOWEST BID RECEIVED.

ACCORDINGLY, SINCE THE ERROR WAS ALLEGED AND SATISFACTORILY EXPLAINED BY THE BIDDER PRIOR TO AWARD, THE BID OF THE OHIO CHEMICAL PACIFIC COMPANY SHOULD BE DISREGARDED.

ALL PAPERS FORWARDED WITH YOUR LETTER OF JUNE 11, 1956, ARE RETURNED HEREWITH.