B-141873, FEB. 5, 1960

B-141873, FEB. 5, 1960

TO MR. W. D. MONTS, CONTRACT SPECIALIST, MARKETING DIVISION DRUGS AND CHEMICALS:

REFERENCE IS MADE TO YOUR LETTER (7023/134L1), DATED JANUARY 29, 1960, WITH ENCLOSURES, REQUESTING A DECISION AS TO WHETHER THE BID OF MYRON DRUGS, BALTIMORE, MARYLAND, MAY BE DISREGARDED IN MAKING AWARDS ON ITEMS NOS. 15 AND 16 OF INVITATION NO. M5-52-60 FOR FURNISHING, AS REQUIRED,A CERTAIN PHARMACEUTICAL DESCRIBED THEREON AS "STOCK NO. 1235000--- IODINE, USP, 1/4 "

THE RECORD SHOWS THAT, IN RESPONSE TO THE INVITATION, MYRON DRUGS SUBMITTED A BID, OFFERING TO FURNISH MATERIAL MANUFACTURED BY CERTIFIED LABORATORIES, PHILADELPHIA, PENNSYLVANIA, AS CALLED FOR UNDER ITEMS NOS. 15 AND 16 OF THE INVITATION, RESPECTIVELY, AT $0.18 AND $0.20 PER BOTTLE. THE NEXT LOW BIDS RECEIVED ON THOSE ITEMS WERE $0.49 AND $0.484, RESPECTIVELY. IT APPEARS THAT AT THE BID OPENING YOU NOTED THIS VARIANCE BETWEEN MYRON DRUGS' BID PRICES AND THE OTHER BIDS AND, THEREFORE, YOU CONTACTED THE COMPANY BY TWX ON JANUARY 27, 1960, TO VERIFY ITS BID PRICES ON THE TWO ITEMS. BY TELEGRAM RECEIVED JANUARY 28 THE FIRM CONFIRMED ITS PRICES BUT LATER BY TELEPHONE ON THE SAME DATE ADVISED YOU THAT ITS BIDS ON ITEMS NOS. 15 AND 16 WERE FOR FURNISHING TINCTURE OF IODINE, AND BY LETTER OF THE SAME DATE STATED THAT ITS BID PRICES WERE BASED ON FURNISHING ,CONCENTRATE IODINE" WHEREAS THE SPECIFICATIONS APPARENTLY CALLED FOR "TINCTURE OF IODINE, USP.' MYRON DRUGS, THEREFORE, REQUESTED THAT ITS BID ON ITEMS NOS. 15 AND 16 BE DISREGARDED.

ON THE RECORD, THERE APPEARS LITTLE DOUBT, IF ANY, THAT MYRON DRUGS MISINTERPRETED THE SPECIFICATIONS IN PLACING ITS BID QUOTATIONS ON ITEMS NOS. 15 AND 16 OF THE BID INVITATION, AS ALLEGED. ACCORDINGLY, AND SINCE YOU APPARENTLY HAD REASON TO BELIEVE THAT THE BID OF MYRON DRUGS AS TO THOSE ITEMS MIGHT BE IN ERROR AND SINCE THE BIDDER ALLEGED ERROR PRIOR TO AWARD, THE BID OF MYRON DRUGS MAY BE DISREGARDED IN MAKING AWARDS ON ITEMS NOS. 15 AND 16 OF INVITATION NO. M5-52-60.