B-142901, JUN. 1, 1960

B-142901: Jun 1, 1960

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SCHMITT: REFERENCE IS MADE TO YOUR LETTER OF MAY 12. TO HAVE BEEN MADE IN ITS BID SUBMITTED IN RESPONSE TO YOUR INVITATION FOR BIDS NO. IT STATED FURTHER THAT THE MANUFACTURER WAS PROPPER MANUFACTURING COMPANY. THAT THE THERMOMETERS WERE FOREIGN. YOU STATE THAT AT THE OPENING OF BIDS ON MAY 4 AN ERROR IN THE NAME OF THE MANUFACTURER WAS SUSPECTED AND THAT VERIFICATION OF THE BID WAS REQUESTED BY TELEPHONE. STATING THAT THE TUBES AND MERCURY ARE MANUFACTURED BY THE JIN-TAN THERMOMETER COMPANY. PACKING AND INSPECTION ARE DONE BY THE CHASE THERMOMETER COMPANY. IT IS STATED IN YOUR LETTER THAT AWARD HAS NOT BEEN MADE ON ITEMS NO.S 4. WE CONSISTENTLY HAVE HELD THAT LOW BIDS ARE NOT TO BE REJECTED MERELY BECAUSE OF THE OMISSION BY THE BIDDER OF SOMETHING WHICH.

B-142901, JUN. 1, 1960

TO MR. VICTOR J. SCHMITT:

REFERENCE IS MADE TO YOUR LETTER OF MAY 12, 1960, YOUR FILE 7023/134N2, REQUESTING A DECISION AS TO THE ACTION TO BE TAKEN WITH RESPECT TO AN ERROR ALLEGED BY U.S. HOSPITAL SUPPLY CORPORATION, 1916 WILSON BOULEVARD, ARLINGTON, VIRGINIA, TO HAVE BEEN MADE IN ITS BID SUBMITTED IN RESPONSE TO YOUR INVITATION FOR BIDS NO. M6-70-60 DATED APRIL 8, 1960, FOR FURNISHING SEVERAL ITEMS OF CLINICAL THERMOMETERS. THE INVITATION PROVIDED THAT THE BIDDER SHOULD INDICATE THE NAME AND ADDRESS OF THE MANUFACTURER OF THE THERMOMETERS OFFERED.

IN RESPONSE TO THE INVITATION, U.S. HOSPITAL SUPPLY CORPORATION PROPOSED TO FURNISH THE THERMOMETERS AT A UNIT PRICE OF $0.361 ON EACH ITEM, ITS BID BEING THE LOWEST BID ON ITEMS NOS. 4, 4A, 4B, 5, 6 AND 6A. IT STATED FURTHER THAT THE MANUFACTURER WAS PROPPER MANUFACTURING COMPANY, LONG ISLAND CITY, NEW YORK, AND THAT THE THERMOMETERS WERE FOREIGN.

YOU STATE THAT AT THE OPENING OF BIDS ON MAY 4 AN ERROR IN THE NAME OF THE MANUFACTURER WAS SUSPECTED AND THAT VERIFICATION OF THE BID WAS REQUESTED BY TELEPHONE. THE BIDDER ALLEGED ERROR AND BY ITS LETTER DATED MAY 6, 1960, CONFIRMED THE ALLEGATION OF ERROR, STATING THAT THE TUBES AND MERCURY ARE MANUFACTURED BY THE JIN-TAN THERMOMETER COMPANY, JAPAN, AND THAT THE ETCHINGS, GRADUATIONS, PACKING AND INSPECTION ARE DONE BY THE CHASE THERMOMETER COMPANY, VIRGIN ISLANDS. IT IS STATED IN YOUR LETTER THAT AWARD HAS NOT BEEN MADE ON ITEMS NO.S 4, 4A, 4B, 5, 6 AND 6A PENDING RECEIPT OF OUR DECISION.

WE CONSISTENTLY HAVE HELD THAT LOW BIDS ARE NOT TO BE REJECTED MERELY BECAUSE OF THE OMISSION BY THE BIDDER OF SOMETHING WHICH, ALTHOUGH REQUIRED BY THE SPECIFICATION, DOES NOT IN ANY WAY AFFECT THE PRICE, QUALITY OR QUANTITY OF THE ITEM TO BE FURNISHED. SINCE IT APPEARS IN THIS CASE THAT THE DESIGNATION OF THE WRONG MANUFACTURER WAS A MINOR INFORMALITY, THE CORRECTION OF WHICH WOULD NEITHER AFFECT THE SUBSTANCE OF THE BID NOR PREJUDICE THE RIGHTS OF OTHER BIDDERS, IT IS OUR VIEW THAT THE BID MAY BE CORRECTED TO SHOW THE NAME OF THE ACTUAL MANUFACTURER AND CONSIDERED IN MAKING AWARD OF THE ITEMS INVOLVED.

PURSUANT TO YOUR REQUEST, THE PAPERS TRANSMITTED WITH YOUR LETTER ARE RETURNED HEREWITH.