B-143911, SEP. 22, 1960

B-143911: Sep 22, 1960

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VETERANS ADMINISTRATION SUPPLY DEPOT: REFERENCE IS MADE TO YOUR LETTER DATED SEPTEMBER 1. IN VIEW OF AN ERROR ALLEGED BY THE CORPORATION TO HAVE BEEN MADE IN THE BID. THE RECORD SHOWS THAT THE BID OF MURRAY BAUMGARTNER OF $535 EACH FOR THE FIVE REFRACTOR UNITS SPECIFIED UNDER ITEM NO. 1 OF THE INVITATION WAS OUT OF LINE WITH THE TWO OTHER BIDS OF $2. 703.50 WHICH WERE RECEIVED FOR THIS ITEM. IT IS FURTHER SHOWN THAT BY REASON OF SUCH PRICE VARIATION YOU SUSPECTED THAT AN ERROR HAD BEEN MADE IN THE BID AND THAT YOUR SUSPICION WAS CONFIRMED WHEN MURRAY BAUMGARTNER. - WERE INTERCHANGED ON THE BID FORMS IS COMPLETELY SUBSTANTIATED BY THE FACT THAT THE BIDS. WERE OUT OF LINE ON BOTH INVITATIONS.

B-143911, SEP. 22, 1960

TO MR. JOHN R. BOGGS, CHIEF, MARKETING DIVISION FOR TECHNICAL AND SCIENTIFIC SUPPLY, VETERANS ADMINISTRATION SUPPLY DEPOT:

REFERENCE IS MADE TO YOUR LETTER DATED SEPTEMBER 1, 1960, WITH ENCLOSURES, FILE 7023/134N2, REQUESTING OUR DECISION AS TO WHETHER THE MURRAY BAUMGARTNER SURGICAL INSTRUMENT COMPANY, INC., MAY BE PERMITTED TO WITHDRAW ITS BID UNDER INVITATION NO. M6-25-61, ISSUED ON JULY 21, 1960, BY THE SOMERVILLE SUPPLY DEPOT, IN VIEW OF AN ERROR ALLEGED BY THE CORPORATION TO HAVE BEEN MADE IN THE BID.

THE RECORD SHOWS THAT THE BID OF MURRAY BAUMGARTNER OF $535 EACH FOR THE FIVE REFRACTOR UNITS SPECIFIED UNDER ITEM NO. 1 OF THE INVITATION WAS OUT OF LINE WITH THE TWO OTHER BIDS OF $2,233.50 AND $2,703.50 WHICH WERE RECEIVED FOR THIS ITEM. IT IS FURTHER SHOWN THAT BY REASON OF SUCH PRICE VARIATION YOU SUSPECTED THAT AN ERROR HAD BEEN MADE IN THE BID AND THAT YOUR SUSPICION WAS CONFIRMED WHEN MURRAY BAUMGARTNER, IN REPLY TO YOUR TELEPHONIC REQUEST FOR VERIFICATION, ADVISED IMMEDIATELY THAT AN ERROR HAD BEEN MADE AND REQUESTED PERMISSION TO WITHDRAW ITS BID. THE CORPORATION'S EXPLANATION THAT THE ERROR RESULTED WHEN ITS INTENDED BIDS UNDER INVITATION NO. M6-25-61 AND INVITATION NO. M6-26-61--- ALSO ISSUED BY THE SOMERVILLE SUPPLY DEPOT ON THE SAME DATE FOR LENS MEASURING INSTRUMENTS--- WERE INTERCHANGED ON THE BID FORMS IS COMPLETELY SUBSTANTIATED BY THE FACT THAT THE BIDS, AS SUBMITTED, WERE OUT OF LINE ON BOTH INVITATIONS, WHEREAS HAD THE INTENDED PRICES BEEN QUOTED, BOTH BIDS WOULD HAVE BEEN IN LINE. MOREOVER, THE QUOTATION SHEETS OF MURRAY BAUMGARTNER'S SUPPLIER SHOW A REVERSAL OF THE MODEL NUMBERS CALLED FOR BY THE TWO INVITATIONS AND THE SUPPLIER'S PRICE LIST CLEARLY SHOWS INCONSISTENCIES IN THE PRICES QUOTED.

IN VIEW OF THE FOREGOING, THERE CAN BE NO DOUBT THAT AN ERROR WAS, IN FACT, MADE IN THE BID OF MURRAY BAUMGARTNER SURGICAL INSTRUMENT COMPANY, INC., AS ALLEGED, AND, THEREFORE, ITS BID UNDER INVITATION NO. M6-25-61 MAY BE DISREGARDED.