B-135401, MAR. 19, 1958

B-135401: Mar 19, 1958

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VETERANS ADMINISTRATION HOSPITAL: REFERENCE IS MADE TO YOUR LETTER OF FEBRUARY 25. TO HAVE BEEN MADE IN ITS BID SUBMITTED IN RESPONSE TO YOUR INVITATION FOR BIDS FOR FURNISHING CERTAIN ARTICLES OF FOOD. THE BIDS RECEIVED WERE OPENED FEBRUARY 20. WERE AS FOLLOWS ON ITEM NO. 4: CHART GEORGE D. EMERSON COMPANY WAS REQUESTED BY TELEPHONE TO VERIFY ITS BID ON ITEM NO. 4 AND IT THEN ALLEGED AN ERROR IN THE BID. IT STATED THAT THE BID OF $0.98 WAS INTENDED TO APPLY TO A SIX-OUNCE GLASS JAR. THAT THE SIX-OUNCE JAR WAS THE LARGEST HANDLED BY IT. THE PROBABILITY OF ERROR WAS APPARENT WHEN THE BIDS WERE OPENED BECAUSE OF THE GREAT DISPARITY BETWEEN THE BID OF GEORGE D. FOR THE REASONS ABOVE INDICATED AND SINCE THE ERROR WAS ALLEGED BEFORE AWARD.

B-135401, MAR. 19, 1958

TO MR. A. J. GNOZA, JR., ASSISTANT CHIEF, SUPPLY DIVISION, VETERANS ADMINISTRATION HOSPITAL:

REFERENCE IS MADE TO YOUR LETTER OF FEBRUARY 25, 1958, YOUR FILE 5107- 134C, REQUESTING A DECISION AS TO THE ACTION TO BE TAKEN WITH RESPECT TO AN ERROR ALLEGED BY GEORGE D. EMERSON COMPANY, 51 MCGRATH HIGHWAY, SOMERVILLE, MASSACHUSETTS, TO HAVE BEEN MADE IN ITS BID SUBMITTED IN RESPONSE TO YOUR INVITATION FOR BIDS FOR FURNISHING CERTAIN ARTICLES OF FOOD.

IN RESPONSE TO THE INVITATION, GEORGE D. EMERSON COMPANY SUBMITTED ITS BID ON VARIOUS ITEMS, INCLUDING ITEM NO. 4, DESCRIBED IN THE INVITATION AS FOLLOWS:

"COFFEE, INSTANT, PACKED IN AIRTIGHT 1 LB. CONTAINERS.'

THE BIDS RECEIVED WERE OPENED FEBRUARY 20, 1958, IN ACCORDANCE WITH THE INVITATION, AND WERE AS FOLLOWS ON ITEM NO. 4:

CHART

GEORGE D. EMERSON COMPANY $0.98 PER POUND

SEEMAN BROTHERS2.25 PER POUND

SUFFOLK GROCERY COMPANY 0.95 PER SIX-OUNCE

JAR.

BECAUSE OF THE DISPARITY BETWEEN THE LOW BID AND THE OTHER BIDS RECEIVED, GEORGE D. EMERSON COMPANY WAS REQUESTED BY TELEPHONE TO VERIFY ITS BID ON ITEM NO. 4 AND IT THEN ALLEGED AN ERROR IN THE BID. BY ITS LETTER DATED FEBRUARY 24, 1958, IT STATED THAT THE BID OF $0.98 WAS INTENDED TO APPLY TO A SIX-OUNCE GLASS JAR, MAKING A PRICE OF $2.61 PER POUND; ALSO, THAT THE SIX-OUNCE JAR WAS THE LARGEST HANDLED BY IT.

IN VIEW OF THE FACTS AS REPORTED AND SHOWN BY THE FILE, IT MAY BE REGARDED AS SATISFACTORILY ESTABLISHED THAT GEORGE D. EMERSON COMPANY MADE A BONA FIDE ERROR IN ITS BID. AS SUGGESTED IN YOUR LETTER, THE PROBABILITY OF ERROR WAS APPARENT WHEN THE BIDS WERE OPENED BECAUSE OF THE GREAT DISPARITY BETWEEN THE BID OF GEORGE D. EMERSON COMPANY AND THE OTHER BIDS RECEIVED. FOR THE REASONS ABOVE INDICATED AND SINCE THE ERROR WAS ALLEGED BEFORE AWARD, THE BID OF GEORGE D. EMERSON COMPANY MAY BE DISREGARDED.

THE BID AND THE BIDDER'S LETTER OF FEBRUARY 24, 1958, ARE RETURNED HEREWITH.