B-135966, MAY 6, 1958

B-135966: May 6, 1958

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DEPARTMENT OF THE INTERIOR: REFERENCE IS MADE TO YOUR LETTER OF APRIL 25. THREE OTHER BIDS WERE RECEIVED. YOU STATE THAT WHEN BIDS WERE OPENED AND EXAMINED IT WAS NOTED THAT THE LOW BID OF SUPER ELECTRONICS CORP. WAS PROBABLY IN ERROR BECAUSE OF THE DISPARITY BETWEEN ITS BID PRICE AND THE PRICE BID AND THE PRICE BY THE MANUFACTURER OF THE PRODUCT OFFERED. WAS REQUESTED BY LETTER OF APRIL 17 TO CONFIRM ITS BID. IT WAS EXPLAINED IN THE LETTER OF APRIL 18 THAT THE ERROR OCCURRED IN THE CORPORATION'S WORKSHEET IN THAT RCA RADIO MARINE. 190 "AND THE WORK SHEETS WHICH WAS PRESENTED TO ME SHOWED A FIGURE OF $775. A COPY OF THE BIDDER'S WORK ORDER REGARDING ITS BID WAS SUBMITTED IN SUPPORT OF ITS CLAIM OF ERROR.

B-135966, MAY 6, 1958

TO MR. L. M. STRAUB, CONTRACTING OFFICER, DEPARTMENT OF THE INTERIOR:

REFERENCE IS MADE TO YOUR LETTER OF APRIL 25, 1958, WITH ENCLOSURES, REQUESTING A DECISION AS TO THE ACTION TO BE TAKEN CONCERNING AN ERROR WHICH SUPER ELECTRONICS CORP., 53 WORTH STREET, NEW YORK, NEW YORK, ALLEGES IT MADE IN ITS BID SUBMITTED APRIL 10, 1958.

IN RESPONSE TO INVITATION NO. 2554, ISSUED APRIL 3, 1958, BY THE GEOLOGICAL SURVEY, SOLICITING BIDS FOR FURNISHING ONE RADIO TRANSMITTER- RECEIVER, RCA RADIOMARINE MODEL NO. SSB-1, FOR DELIVERY F.O.B. DESTINATION SILVER SPRING, MARYLAND, SUPER ELECTRONICS CORP. SUBMITTED A BID IN THE AMOUNT OF $870, LESS 1/2 PERCENT - 20 DAYS, F.O.B. DESTINATION. THREE OTHER BIDS WERE RECEIVED, RANGING FROM $1,650 TO $2,441.82.

YOU STATE THAT WHEN BIDS WERE OPENED AND EXAMINED IT WAS NOTED THAT THE LOW BID OF SUPER ELECTRONICS CORP. WAS PROBABLY IN ERROR BECAUSE OF THE DISPARITY BETWEEN ITS BID PRICE AND THE PRICE BID AND THE PRICE BY THE MANUFACTURER OF THE PRODUCT OFFERED. THE BIDDER, THEREFORE, WAS REQUESTED BY LETTER OF APRIL 17 TO CONFIRM ITS BID.

IN REPLY, ON APRIL 18, 1958, BY TELEPHONE AND CONFIRMING LETTER, THE CORPORATION ALLEGED ERROR IN ITS BID AND REQUESTED THAT THE BID BE CANCELED. IT WAS EXPLAINED IN THE LETTER OF APRIL 18 THAT THE ERROR OCCURRED IN THE CORPORATION'S WORKSHEET IN THAT RCA RADIO MARINE, ITS SUPPLIER, HAD QUOTED A UNIT PRICE OF $2,190 "AND THE WORK SHEETS WHICH WAS PRESENTED TO ME SHOWED A FIGURE OF $775; " ALSO, THAT A RECHECK WITH RCA RADIO MARINE CONFIRMED THE ERROR. A COPY OF THE BIDDER'S WORK ORDER REGARDING ITS BID WAS SUBMITTED IN SUPPORT OF ITS CLAIM OF ERROR. IT IS NOTED FROM THE ABSTRACT OF BIDS THAT RADIO CORPORATION OF AMERICA SUBMITTED A BID OF $2,190 FOR FURNISHING THE SAME MODEL WHICH SUPER ELECTRONICS CORP. PROPOSED TO FURNISH.

THE RECORD LEAVES NO DOUBT THAT SUPER ELECTRONICS CORP. MADE AN ERROR IN ITS BID AS ALLEGED. ACCORDINGLY, SINCE IT WAS BELIEVED THAT THE CORPORATION'S BID WAS ERRONEOUS AND SUCH BELIEF WAS CONFIRMED AND THE ERROR EXPLAINED BY THE BIDDER PRIOR TO AWARD, THE BID OF THE CORPORATION MAY BE DISREGARDED.

THE PAPERS, WITH THE EXCEPTION OF THE LETTERS DATED APRIL 18 AND 24 FROM THE CORPORATION, THE COPY OF ITS WORK ORDER, AND THE ABSTRACT OF BIDS, ARE RETURNED.