B-141581, JAN. 25, 1960

B-141581: Jan 25, 1960

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GENERAL SERVICES ADMINISTRATION: REFERENCE IS MADE TO YOUR LETTER DATED DECEMBER 28. GS-00S-30045 IS BASED. SOLICITATION FOR OFFERS WAS ISSUED ON JUNE 23. SONOTONE CORPORATION SUBMITTED A BID AND WAS AWARDED. GS-00S-30045 WAS MAILED TO THE CORPORATION ON OCTOBER 23. THE EVIDENCE OF RECORD INDICATES THAT AN ERROR IN FACT WAS MADE. REFERENCE TO THE ABSTRACT OF BIDS WHICH WERE RECEIVED ON TUBE TYPE 6021 INDICATES THAT THE BID OF $2.88 EACH WAS IN LINE WITH THE OTHER BIDS RECEIVED ON THE ITEM. GS-00S-20602 WITH RADIO CORPORATION OF AMERICA FOR TUBE TYPE 6012 WAS $4.18 EACH. IT IS EXPLAINED IN YOUR LETTER THAT IF THE EVALUATION HAD BEEN LIMITED TO ONLY TWO ITEMS. A QUESTION COULD HAVE BEEN RAISED AS TO THE POSSIBILITY OF A MISTAKE.

B-141581, JAN. 25, 1960

TO HONORABLE FRANKLIN FLOETE, ADMINISTRATOR, GENERAL SERVICES ADMINISTRATION:

REFERENCE IS MADE TO YOUR LETTER DATED DECEMBER 28, 1959, RELATIVE TO AN ERROR SONOTONE CORPORATION ALLEGES IT MADE IN ITS BID ON WHICH CONTRACT NO. GS-00S-30045 IS BASED.

SOLICITATION FOR OFFERS WAS ISSUED ON JUNE 23, 1959, BY THE GENERAL SERVICES ADMINISTRATION, FEDERAL SUPPLY SERVICE, FOR SUPPLYING ELECTRICAL AND ELECTRONIC EQUIPMENT COMPONENTS FOR THE PERIOD NOVEMBER 1, 1959, THROUGH OCTOBER 31, 1960. SONOTONE CORPORATION SUBMITTED A BID AND WAS AWARDED, AMONG OTHER ITEMS, ITEM NO. 5960-296-3369, TUBE TYPE 6012, AT A PRICE OF $2.88 EACH. UPON THE ACCEPTANCE OF SONOTONE'S BID ON CERTAIN ITEMS, INCLUDING THE BID ON TUBE TYPE 6012, A DUPLICATE COPY OF CONTRACT NO. GS-00S-30045 WAS MAILED TO THE CORPORATION ON OCTOBER 23, 1959. UPON RECEIPT OF THE CONTRACT, THE CORPORATION, BY LETTER OF OCTOBER 27, 1959, ADVISED THAT IT HAD MADE AN ERROR IN ITS BID IN THAT IT HAD INTENDED TO BID ON TUBE TYPE 6021, AN ITEM WHICH APPEARED ON THE SCHEDULE IMMEDIATELY BELOW TUBE TYPE 6012. IT EXPLAINED THAT IT DID NOT MANUFACTURE THE LATTER TUBE AND IT HAS FURNISHED A PHOTOSTATIC COPY OF ITS WORK SHEET, WHICH SUBSTANTIATES THE ERROR.

THE EVIDENCE OF RECORD INDICATES THAT AN ERROR IN FACT WAS MADE. REFERENCE TO THE ABSTRACT OF BIDS WHICH WERE RECEIVED ON TUBE TYPE 6021 INDICATES THAT THE BID OF $2.88 EACH WAS IN LINE WITH THE OTHER BIDS RECEIVED ON THE ITEM, NAMELY, $2.70, $2.90 AND $3.70 EACH. SONOTONE'S BID ON TUBE TYPE 6012 DOES NOT APPEAR TO BE IN LINE WITH THE OTHER BIDS ON THAT ITEM, NAMELY, $4.19, $4.28 AND $5.50 EACH. FURTHERMORE, AN EXAMINATION OF THE PRICES OF TUBES FOR THE PRIOR 12 MONTHS' PERIOD, NOVEMBER 1, 1958, THROUGH OCTOBER 31, 1959, DISCLOSES THAT THE PRICE UNDER CONTRACT NO. GS-00S-20602 WITH RADIO CORPORATION OF AMERICA FOR TUBE TYPE 6012 WAS $4.18 EACH. IT IS EXPLAINED IN YOUR LETTER THAT IF THE EVALUATION HAD BEEN LIMITED TO ONLY TWO ITEMS, A QUESTION COULD HAVE BEEN RAISED AS TO THE POSSIBILITY OF A MISTAKE. YOU RECOMMEND THAT YOU BE PERMITTED TO AMEND CONTRACT NO. GS-00S-30045 TO DELETE ITEM NO. 5960-296- 3369, TUBE TYPE 6012, FROM THE CONTRACT AND TO AWARD THE ITEM TO THE NEXT LOW BIDDER, RADIO CORPORATION OF AMERICA, AT ITS BID PRICE OF $4.19 EACH.

IN VIEW OF THE FOREGOING, AND SINCE THE ERROR WAS ALLEGED PROMPTLY UPON RECEIPT OF THE COPY OF THE CONTRACT, THE ITEM IN QUESTION MAY BE DELETED FROM THE CONTRACT WITH SONOTONE AND AWARD OF THAT ITEM MAY BE MADE TO THE NEXT LOW BIDDER.