B-134479, NOV. 29, 1957

B-134479: Nov 29, 1957

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VETERANS ADMINISTRATION HOSPITAL: REFERENCE IS MADE TO YOUR LETTER OF NOVEMBER 19. ALLEGES WAS MADE IN ITS BID OPENED ON NOVEMBER 12. BIDS WERE REQUESTED FOR FURNISHING ONE SHOWER ENCLOSURE FOR A RIGHT HAND CORNER MASTER PEMBROKE 5 FT. YOU STATE THAT WHEN THE BIDS WERE OPENED IT WAS NOTED THAT THE BID OF THE PLUMDONE COMPANY ON ITEM 1 WAS ENTIRELY OUT OF LINE WITH THE ONLY OTHER BID ON THAT ITEM AND THE GOVERNMENT'S ESTIMATE AND THAT UPON BEING REQUESTED BY TELEPHONE TO VERIFY ITS BID ON ITEM 1. THE COMPANY STATED THAT ITS BID PRICE OF $32.40 FOR ITEM 1 WAS BASED ON FURNISHING A SHOWER ENCLOSURE FOR A RECESSED TUB RATHER THAN FOR A CORNER TUB AS REQUIRED BY THE INVITATION. THAT ITS BID PRICE WAS BASED ON FURNISHING A TILETONE NO. 60001 TUB ENCLOSURE.

B-134479, NOV. 29, 1957

TO MR. L. B. BREITWEISER, CONTRACTING OFFICER, VETERANS ADMINISTRATION HOSPITAL:

REFERENCE IS MADE TO YOUR LETTER OF NOVEMBER 19, 1957, WITH ENCLOSURES, FILE REFERENCE 5147-134, REQUESTING A DECISION AS TO THE ACTION TO BE TAKEN CONCERNING AN ERROR WHICH THE PLUMDONE COMPANY, RAPID CITY, SOUTH DAKOTA, ALLEGES WAS MADE IN ITS BID OPENED ON NOVEMBER 12, 1957.

BY INVITATION NO. 58-27, BIDS WERE REQUESTED FOR FURNISHING ONE SHOWER ENCLOSURE FOR A RIGHT HAND CORNER MASTER PEMBROKE 5 FT. BATHTUB AND CERTAIN PIPE FITTINGS, ITEMS 1 TO 26, INCLUSIVE. IN RESPONSE THE PLUMDONE COMPANY SUBMITTED A BID OFFERING TO FURNISH, AMONG OTHER ITEMS, THE SHOWER ENCLOSURE UNDER ITEM 1 AT A PRICE OF $32.40. THE ONLY OTHER BID ON ITEM 1 SPECIFIED A PRICE OF $166.98.

YOU STATE THAT WHEN THE BIDS WERE OPENED IT WAS NOTED THAT THE BID OF THE PLUMDONE COMPANY ON ITEM 1 WAS ENTIRELY OUT OF LINE WITH THE ONLY OTHER BID ON THAT ITEM AND THE GOVERNMENT'S ESTIMATE AND THAT UPON BEING REQUESTED BY TELEPHONE TO VERIFY ITS BID ON ITEM 1, THE COMPANY ALLEGED THAT IT HAD MADE AN ERROR IN ITS BID ON THAT ITEM.

IN A CONFIRMING LETTER DATED NOVEMBER 13, 1957, THE COMPANY STATED THAT ITS BID PRICE OF $32.40 FOR ITEM 1 WAS BASED ON FURNISHING A SHOWER ENCLOSURE FOR A RECESSED TUB RATHER THAN FOR A CORNER TUB AS REQUIRED BY THE INVITATION; THAT ITS BID PRICE WAS BASED ON FURNISHING A TILETONE NO. 60001 TUB ENCLOSURE; AND THAT SINCE ITS SUPPLIER DOES NOT MANUFACTURE CORNER TUB ENCLOSURES, IT WISHED TO WITHDRAW ITS BID ON ITEM 1. SUPPORT OF ITS ALLEGATION OF ERROR, THE COMPANY SUBMITTED COPIES OF ITS SUPPLIER'S ILLUSTRATED LITERATURE AND PRICE LIST.

ON THE RECORD, THERE IS NO ROOM FOR DOUBT THAT THE COMPANY MADE AN ERROR IN ITS BID, AS ALLEGED. ACCORDINGLY, SINCE IT WAS BELIEVED THAT THE BID OF THE PLUMDONE COMPANY AS TO ITEM 1 WAS ERRONEOUS, AND SINCE SUCH BELIEF WAS CONFIRMED AND THE ERROR WAS EXPLAINED PRIOR TO AWARD, THE BID WITH REGARD TO ITEM 1 MAY BE DISREGARDED IN MAKING THE AWARD.

THE PAPERS, WITH THE EXCEPTION OF YOUR STATEMENT DATED NOVEMBER 18, 1957, ARE RETURNED.