B-132731, AUG. 2, 1957

B-132731: Aug 2, 1957

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V. HIGLEY: REFERENCE IS MADE TO A LETTER DATED JULY 26. ALLEGED WAS MADE IN ITS BID OPENED MAY 28. THE ONLY OTHER ACCEPTABLE BID RECEIVED WAS $1.98 PER LINEAR YARD. THE BIDDER CLAIMED THAT ITS BID WAS ERRONEOUS. THAT WHEN THEY WERE RETURNED CERTAIN TAGS THAT WERE ATTACHED HAD BECOME SWITCHED. AS A RESULT THEREOF ITS BID WAS BASED UPON A MATERIAL LESS EXPENSIVE THAN THE FABRIC CALLED FOR IN THE INVITATION. SINCE THERE IS NOTHING OF RECORD TO REFUTE THE ALLEGATION OF ERROR. AS THE ERROR WAS ALLEGED AND EXPLAINED BEFORE AWARD. IT IS AT LEAST DOUBTFUL THAT AN AWARD AT THIS TIME WOULD RESULT IN A BINDING CONTRACT.

B-132731, AUG. 2, 1957

TO HONORABLE H. V. HIGLEY:

REFERENCE IS MADE TO A LETTER DATED JULY 26, 1957, WITH ENCLOSURES, FROM THE DEPUTY ADMINISTRATOR, REQUESTING A DECISION AS TO THE ACTION TO BE TAKEN CONCERNING AN ERROR WHICH THE TEXTILE FAIR, 281 MAIN STREET, HUNTINGTON, NEW YORK, ALLEGED WAS MADE IN ITS BID OPENED MAY 28, 1957.

THE VETERANS ADMINISTRATION HOSPITAL, NORTHPORT, LONG ISLAND, NEW YORK, BY INVITATION NO. 57-205 DATED MAY 17, 1957, REQUESTED BIDS--- TO BE OPENED MAY 28, 1957--- FOR FURNISHING 1250 LINEAR YARDS OF CERTAIN FIBERGLASS DRAPERY MATERIAL. TEXTILE FAIR SUBMITTED A BID TO FURNISH THE MATERIAL AT A PRICE OF $1.48 PER LINEAR YARD OR FOR A TOTAL PRICE OF $1,850. THE ONLY OTHER ACCEPTABLE BID RECEIVED WAS $1.98 PER LINEAR YARD.

IN LETTERS DATED JUNE 6 AND JUNE 11, 1957, THE BIDDER CLAIMED THAT ITS BID WAS ERRONEOUS, EXPLAINING THAT PRIOR TO SUBMITTING ITS BID IT HAD FURNISHED A GROUP OF FIBERGLASS SAMPLES TO SEVERAL COMMERCIAL ORGANIZATIONS, THAT WHEN THEY WERE RETURNED CERTAIN TAGS THAT WERE ATTACHED HAD BECOME SWITCHED, AND AS A RESULT THEREOF ITS BID WAS BASED UPON A MATERIAL LESS EXPENSIVE THAN THE FABRIC CALLED FOR IN THE INVITATION.

SINCE THERE IS NOTHING OF RECORD TO REFUTE THE ALLEGATION OF ERROR, AND AS THE ERROR WAS ALLEGED AND EXPLAINED BEFORE AWARD, IT IS AT LEAST DOUBTFUL THAT AN AWARD AT THIS TIME WOULD RESULT IN A BINDING CONTRACT. THE BID OF TEXTILE FAIR SHOULD THEREFORE BE DISREGARDED.