B-143228, JUN. 30, 1960

B-143228: Jun 30, 1960

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DENTAL AND SURGICAL SUPPLY: REFERENCE IS MADE TO YOUR LETTER DATED JUNE 15. THE OTHER BIDS RECEIVED WERE $5.44. THE COMPANY WAS REQUESTED TO CONFIRM ITS UNIT PRICE ON ITEM 27. THE COMPANY ADVISED BY TELEGRAM THAT IT HAD MADE AN ERROR IN ITS BID ON ITEM 27 IN THAT ITS BID WAS BASED ON A DOZEN MASKS TO THE PACKAGE RATHER THAN FOUR DOZEN AS REQUIRED BY THE SPECIFICATIONS. THE RESPONSIBILITY FOR THE PROPER PREPARATION OF THE BID SUBMITTED IN RESPONSE TO THE INVITATION WAS THAT OF THE BIDDER. THE ALLEGED ERROR WAS DUE SOLELY TO ITS OWN NEGLIGENCE. WHILE WE RECOGNIZE THE FACT THAT ERRORS WILL OCCUR DESPITE EFFORTS TO AVOID THEM. CLAIMS OF BID ERROR BY IT WERE ALLOWED IN OUR DECISIONS B-125584.

B-143228, JUN. 30, 1960

TO MR. ADAM E. SHUMAN, CHIEF, MARKETING DIVISION, DENTAL AND SURGICAL SUPPLY:

REFERENCE IS MADE TO YOUR LETTER DATED JUNE 15, 1960, WITH ENCLOSURES, REQUESTING A DECISION AS TO THE ACTION TO BE TAKEN CONCERNING AN ERROR ACME COTTON PRODUCTS COMPANY, INC., ALLEGES IT MADE IN ITS BID OPENED JUNE 7, 1960.

BY INVITATION NO. ML-6-61, ISSUED MAY 9, 1960, THE VETERANS ADMINISTRATION SUPPLY DEPOT, HINES, ILLINOIS, REQUESTED BIDS FOR THE FURNISHING OF MEDICAL SUPPLIES. ACME COTTON PRODUCTS COMPANY, INC., SUBMITTED A BID OFFERING TO FURNISH ITEM 27, 384 PACKAGES OF FACE GAUZE MASKS FOR $1.49 PER PACKAGE. THE OTHER BIDS RECEIVED WERE $5.44, $5.45 AND $6.64 PER PACKAGE.

BASED ON A COMPARISON OF BIDS RECEIVED, THE COMPANY WAS REQUESTED TO CONFIRM ITS UNIT PRICE ON ITEM 27. THE COMPANY ADVISED BY TELEGRAM THAT IT HAD MADE AN ERROR IN ITS BID ON ITEM 27 IN THAT ITS BID WAS BASED ON A DOZEN MASKS TO THE PACKAGE RATHER THAN FOUR DOZEN AS REQUIRED BY THE SPECIFICATIONS.

THE RESPONSIBILITY FOR THE PROPER PREPARATION OF THE BID SUBMITTED IN RESPONSE TO THE INVITATION WAS THAT OF THE BIDDER, AND THE ALLEGED ERROR WAS DUE SOLELY TO ITS OWN NEGLIGENCE. WHILE WE RECOGNIZE THE FACT THAT ERRORS WILL OCCUR DESPITE EFFORTS TO AVOID THEM, WE BELIEVE THE COMPANY HERE INVOLVED SHOULD BE CAUTIONED TO TAKE GREATER PRECAUTIONS AGAINST ERROR IN THE FUTURE. CLAIMS OF BID ERROR BY IT WERE ALLOWED IN OUR DECISIONS B-125584, OCTOBER 4, 1955, B-128089, JUNE 7, 1956, AND B-139803, JUNE 23, 1959, ALL TO YOUR AGENCY.

IN VIEW OF THE WIDE DIFFERENCE BETWEEN THE COMPANY'S BID AND THE OTHER BIDS RECEIVED, THERE IS LITTLE DOUBT THAT ACME COTTON PRODUCTS COMPANY, INC., MADE AN ERROR IN ITS BID AS ALLEGED. ACCORDINGLY, SINCE THE ERROR WAS ALLEGED AND SATISFACTORILY EXPLAINED PRIOR TO AWARD, THE BID ON ITEM 27 SHOULD BE DISREGARDED.