B-133631, SEP. 9, 1957

B-133631: Sep 9, 1957

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VETERANS ADMINISTRATION HOSPITAL: REFERENCE IS MADE TO YOUR LETTER OF AUGUST 28. BIDS WERE REQUESTED FOR FURNISHING FOURTEEN ALUMINUM DOUBLE-HUNG WINDOWS IN ACCORDANCE WITH DESIGNATED SPECIFICATIONS. TWO OTHER BIDS WERE RECEIVED IN THE TOTAL AMOUNTS OF $4. THE COMPANY REQUESTED THAT ITS BID BE WITHDRAWN SINCE IT HAD BEEN ADVISED THAT THE FOURTEEN WINDOWS WERE TO BE "CUSTOM SPECIALS" AND ITS FACTORY CANNOT MAKE THEM. THE SUPPLY OFFICER ADVISED GAYLAN INCORPORATED THAT ITS BID WAS CONSIDERABLY LOWER THAN THE OTHER TWO BIDS RECEIVED AND REQUESTED A VERIFICATION. THE PRESIDENT OF THE COMPANY ADVISED THAT HE HAD BID UPON STANDARD RUSCO WINDOWS ON THE BASIS OF INFORMATION RECEIVED THE MORNING OF THE BID-OPENING DAY AND THAT HE DID NOT HAVE TIME TO INSPECT THE WINDOWS TO BE REPLACED PRIOR TO THE PREPARATION OF HIS BID.

B-133631, SEP. 9, 1957

TO MR. A. J. ONOZA, JR., CONTRACTING OFFICER, VETERANS ADMINISTRATION HOSPITAL:

REFERENCE IS MADE TO YOUR LETTER OF AUGUST 28, 1957, WITH ENCLOSURES, REQUESTING A DECISION AS TO THE ACTION TO BE TAKEN RELATIVE TO AN ERROR THE FIRM OF GAYLAN INCORPORATED, WINCHESTER, MASSACHUSETTS, ALLEGES IT MADE IN ITS BID OPENED JULY 25, 1957.

BY INVITATION NO. 5B-37, BIDS WERE REQUESTED FOR FURNISHING FOURTEEN ALUMINUM DOUBLE-HUNG WINDOWS IN ACCORDANCE WITH DESIGNATED SPECIFICATIONS. IN RESPONSE THERETO GAYLAN INCORPORATED SUBMITTED A BID OF $1,750. TWO OTHER BIDS WERE RECEIVED IN THE TOTAL AMOUNTS OF $4,358 AND $5,236.

BY LETTER OF JULY 30, 1957, ADDRESSED TO THE SUPPLY OFFICER OF YOUR FACILITY, THE COMPANY REQUESTED THAT ITS BID BE WITHDRAWN SINCE IT HAD BEEN ADVISED THAT THE FOURTEEN WINDOWS WERE TO BE "CUSTOM SPECIALS" AND ITS FACTORY CANNOT MAKE THEM. ON AUGUST 2, 1957, THE SUPPLY OFFICER ADVISED GAYLAN INCORPORATED THAT ITS BID WAS CONSIDERABLY LOWER THAN THE OTHER TWO BIDS RECEIVED AND REQUESTED A VERIFICATION. IN A LETTER DATED AUGUST 21, 1957, THE PRESIDENT OF THE COMPANY ADVISED THAT HE HAD BID UPON STANDARD RUSCO WINDOWS ON THE BASIS OF INFORMATION RECEIVED THE MORNING OF THE BID-OPENING DAY AND THAT HE DID NOT HAVE TIME TO INSPECT THE WINDOWS TO BE REPLACED PRIOR TO THE PREPARATION OF HIS BID. HE STATES FURTHER THAT AFTER THE BID OPENING HE WAS SHOWN THE WINDOWS TO BE REPLACED AND DISCOVERED THAT RUSCO STANDARD WINDOWS WOULD NOT BE ACCEPTABLE.

IN VIEW OF THE DISPARITY BETWEEN THE LOW BID AND THE OTHER TWO BIDS RECEIVED, AND SINCE GAYLAN INCORPORATED HAS, IN EFFECT, ALLEGED AN ERROR PRIOR TO AWARD, IT DOES NOT APPEAR THAT THE LOW BID OF THAT FIRM PROPERLY COULD BE ACCEPTED IN GOOD FAITH. THE SAID BID MAY, THEREFORE, BE DISREGARDED IN MAKING THE AWARD.

WITH THE EXCEPTION OF THE CORRESPONDENCE FROM THE BIDDER PERTAINING TO THE ERROR IN BID, THE PAPERS SUBMITTED WITH YOUR LETTER ARE RETURNED.