B-135588, APR. 3, 1958

B-135588, APR. 3, 1958

TO MR. ADAM E. SHUMAN:

YOUR LETTER OF MARCH 20, 1958, REQUESTS A DECISION AS TO WHETHER THE BID OF GREENWALD SURGICAL COMPANY, INC., EAST GARY, INDIANA, UNDER INVITATION NO. M1-197, ISSUED FEBRUARY 17, 1958, MAY BE AMENDED TO COVER ITEMS NOS. 11, 12 AND 13, INSTEAD OF ITEMS NOS. 9 AND 10, AS ERRONEOUSLY QUOTED UPON.

THE SAID INVITATION SOLICITED PROPOSALS ON CERTAIN ITEMS OF SURGICAL EQUIPMENT, INCLUDING ITEMS NOS. 9 THROUGH 13. ITEMS NOS. 9 AND 10 COVERED, RESPECTIVELY, 72 AND 96 UNITS OF AN INSTRUMENT DESCRIBED AS "STOCK NO. 3406700 - HAMMER, REFLEX TESTING, TAYLOR," ON WHICH THE GREENWALD SURGICAL COMPANY, INC., QUOTED A UNIT PRICE OF $3.20 EACH. THE AMOUNTS OF THE OTHER BIDS ON THESE TWO ITEMS RANGED FROM ?93 TO ?99 EACH. ON MARCH 6, 1958, OR THREE DAYS AFTER OPENING ON MARCH 3, GREENWALD SURGICAL COMPANY, INC., WAS REQUESTED TO CONFIRM ITS QUOTED BID PRICE ON ITEMS NOS. 9 AND 10. IN ITS CONFIRMING LETTER OF MARCH 7, 1958, THE COMPANY ALLEGED THAT, THROUGH INEXPERIENCE UPON THE PART OF NEW OFFICE PERSONNEL UNACQUAINTED WITH THE DEPOT'S SYSTEM OF "SHOWING THE STOCK NUMBER PRECEDING DELIVERY DESTINATION," THEY INADVERTEDLY HAD QUOTED ON ITEMS NOS. 9 AND 10, INSTEAD OF ITEMS NOS. 11 THROUGH 13, COVERING EQUIPMENT DESCRIBED AS "STOCK NO. 3598020 - ELECTRODE, CUTTING LOOP, RESECTOSCOPE, 28 FR; SCHEDULED FOR DELIVERY TO THE THREE DESTINATION POINTS LISTED. IN VIEW THEREOF, THE COMPANY REQUESTED THAT ITS QUOTED BID PRICE OF $3.20 EACH ON ITEMS NOS. 9 AND 10, BE CONSIDERED AS APPLYING TO ITEMS NOS. 11, 12 AND 13 OF INVITATION NO. M1-197, ON WHICH IT HAD NOT SUBMITTED ANY BID.

ONE OTHER BIDDER UNDER THE INVITATION QUOTED $3.25 EACH ON ITEMS NOS. 11 THROUGH 13.

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

APPLYING THE AFORESAID RULE TO THE FACTS REPORTED IN THE INSTANT MATTER, YOU ARE ADVISED THAT THERE IS NO PROPER OR LEGAL BASIS UPON WHICH THE ERRONEOUS PROPOSAL OF GREENWALD SURGICAL COMPANY, INC., MAY BE MODIFIED, AND ACCORDINGLY, THE SAID BID SHOULD BE DISREGARDED FOR AWARD PURPOSES.