B-135303, MAR. 4, 1958

B-135303: Mar 4, 1958

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CHIEF: REFERENCE IS MADE TO YOUR LETTER OF FEBRUARY 17. SINCE THE COMPANY IS UNABLE TO SATISFACTORILY EXPLAIN THE BASIS OF THE ERROR. IT CANNOT BE SAID THAT ITS INTENDED PRICE AT THE TIME OF BIDDING IS CONCLUSIVELY ESTABLISHED SO AS TO WARRANT A DEPARTURE FROM THE BASIC RULE THAT BIDS MAY NOT BE CHANGED OR CORRECTED AFTER THE BIDS HAVE BEEN OPENED.

B-135303, MAR. 4, 1958

TO MR. R. E. PODOLAK, CHIEF:

REFERENCE IS MADE TO YOUR LETTER OF FEBRUARY 17, 1958, WITH ENCLOSURES, REQUESTING A DECISION AS TO THE ACTION TO BE TAKEN RELATIVE TO AN ERROR THAT BALES LUMBER COMPANY, CALDWELL, IDAHO, ALLEGES IT MADE IN ITS BID OPENED JANUARY 28, 1958.

BY INVITATION NO. SFW1-57, DATED JANUARY 9, 1958, THE FISH AND WILDLIFE SERVICE, BUREAU OF SPORT FISHERIES AND WILDLIFE, PORTLAND, OREGON, REQUESTED BIDS FOR FURNISHING, AMONG OTHER ITEMS, SECTIONAL OVERHEAD DOORS,"ROLL UP" TYPE UNDER ITEM 6. IN RESPONSE BALES LUMBER COMPANY SUBMITTED AN UNDATED BID, OFFERING TO FURNISH, AMONG OTHERS, THE OVERHEAD DOORS UNDER ITEM 6 FOR THE PRICE OF $225. FOUR OTHER BIDS RANGED IN PRICE FROM $470 TO $583.50.

UPON BEING REQUESTED, BY LETTER DATED JANUARY 30, 1958, TO CONFIRM ITS BID ON ITEM 6, THE COMPANY ADVISED THAT ITS SUPPLIER HAD QUOTED ON SPECIFICATIONS DIFFERING FROM THOSE SET FORTH IN THE BID INVITATION AND REQUESTED PERMISSION TO CORRECT ITS BID FROM $225 TO $339.50. THE CORRECTED BID IF PERMITTED WOULD STILL BE THE LOWEST RECEIVED.

THERE APPEARS NO ROOM FOR DOUBT THAT BALES LUMBER COMPANY MADE AN ERROR IN ITS BID AS ALLEGED. HOWEVER, SINCE THE COMPANY IS UNABLE TO SATISFACTORILY EXPLAIN THE BASIS OF THE ERROR, IT CANNOT BE SAID THAT ITS INTENDED PRICE AT THE TIME OF BIDDING IS CONCLUSIVELY ESTABLISHED SO AS TO WARRANT A DEPARTURE FROM THE BASIC RULE THAT BIDS MAY NOT BE CHANGED OR CORRECTED AFTER THE BIDS HAVE BEEN OPENED. SEE 17 COMP. GEN. 575.

ACCORDINGLY, THE BID OF BALES LUMBER COMPANY, AS TO ITEM 6 SHOULD BE DISREGARDED IN MAKING THE AWARD.