B-132540, JUL. 19, 1957

B-132540: Jul 19, 1957

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VETERANS ADMINISTRATION: REFERENCE IS MADE TO A LETTER DATED JULY 12. THE NEXT LOW BID ON THIS ITEM WAS $1.75 AND THE HIGH BID WAS $2.10. THE AMOUNT SHOWN ON THE WORKSHEET FOR ITEM 9B WAS $1.92. 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. SINCE THE ERROR WAS ALLEGED AND ESTABLISHED PRIOR TO AWARD.

B-132540, JUL. 19, 1957

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

REFERENCE IS MADE TO A LETTER DATED JULY 12, 1957, WITH ENCLOSURES, FROM THE DEPUTY ADMINISTRATOR REQUESTING A DECISION AS TO THE ACTION TO BE TAKEN CONCERNING AN ERROR WHICH JOHN MINDER AND SON, INC., ALLEGES IT MADE ON ITEM 9B OF ITS BID OPENED JUNE 20, 1957.

THE VETERANS ADMINISTRATION HOSPITAL, MONTROSE, NEW YORK, BY INVITATION NO. 58-12, REQUESTED BIDS FOR FURNISHING VARIOUS PACKING HOUSE PRODUCTS. IN RESPONSE JOHN MINDER AND SON, INC., SUBMITTED A BID OFFERING TO FURNISH ITEM 9B, BEEF, RIB, BONELESS (FROZEN), FOR $0.92 PER POUND. THE NEXT LOW BID ON THIS ITEM WAS $1.75 AND THE HIGH BID WAS $2.10. THE CONTRACTING OFFICER REQUESTED THE COMPANY TO VERIFY ITS BID. BY LETTER OF JUNE 25, 1957, THE COMPANY ADVISED THAT IT MADE AN ERROR IN TRANSFERRING THE AMOUNT IT INTENDED TO BID ON ITEM 9B FROM THE WORKSHEET TO THE BID AND FURNISHED ITS WORKSHEET IN SUPPORT OF THE ALLEGATION. THE AMOUNT SHOWN ON THE WORKSHEET FOR ITEM 9B WAS $1.92.

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 ON ITEM 9B MAY BE DISREGARDED IN MAKING THE AWARD.