B-131916, MAY 28, 1957

B-131916: May 28, 1957

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VETERANS ADMINISTRATION: REFERENCE IS MADE TO YOUR LETTER DATED MAY 20. ADVISED THAT AN ERROR WAS MADE IN ITS BID BY REVERSING THE UNIT PRICES OF ITEMS 4 AND 8. THE WEIGHTS AND CUBIC FOOTAGE INDICATED IN THE BID FOR THESE ITEMS WERE ALSO REVERSED. THE OTHER BIDS RECEIVED ON ITEM 4 WERE $204.12 AND $215. ON ITEM 8 WERE $90.60. THERE IS NO ROOM FOR REASONABLE DOUBT THAT THE COMPANY MADE THE ERROR ALLEGED. 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-131916, MAY 28, 1957

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

REFERENCE IS MADE TO YOUR LETTER DATED MAY 20, 1957, WITH ENCLOSURES, REQUESTING A DECISION AS TO THE ACTION TO BE TAKEN CONCERNING AN ERROR WHICH SUPERIOR SLEEPRITE CORPORATION ALLEGES IT MADE IN ITS BID OPENED ON APRIL 29, 1957.

THE VETERANS ADMINISTRATION, PROCUREMENT DIVISION, BY INVITATION NO. A- 330-57, REQUESTED BIDS FOR FURNISHING VARIABLE SPRING HEIGHT ADJUSTABLE HOSPITAL BEDS. IN RESPONSE, SUPERIOR SLEEPRITE CORPORATION SUBMITTED A BID DATED APRIL 25, 1957, OFFERING TO FURNISH ITEM 4 FOR $107.18 EACH AND ITEM 8 FOR $179.41 EACH. AFTER THE OPENING OF THE BIDS AND BEFORE AWARD, THE COMPANY BY TELEGRAM OF APRIL 30, 1957, ADVISED THAT AN ERROR WAS MADE IN ITS BID BY REVERSING THE UNIT PRICES OF ITEMS 4 AND 8. THE WEIGHTS AND CUBIC FOOTAGE INDICATED IN THE BID FOR THESE ITEMS WERE ALSO REVERSED. THE OTHER BIDS RECEIVED ON ITEM 4 WERE $204.12 AND $215, AND ON ITEM 8 WERE $90.60, $136.57, $156.73, AND $197.60. THE OTHER TWO BIDDERS WHO HAD SUBMITTED BIDS ON BOTH ITEMS 4 AND 8 QUOTED HIGHER PRICES ON ITEM 4 THAN ON ITEM 8.

ON THE RECORD, THERE IS NO ROOM FOR REASONABLE DOUBT THAT THE COMPANY MADE THE ERROR ALLEGED. THE CIRCUMSTANCES IN THE PRESENT 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, SINCE THE ERROR WAS ALLEGED AND ESTABLISHED PRIOR TO AWARD, THE BID OF THE COMPANY ..END :