B-143995, SEP. 23, 1960

B-143995: Sep 23, 1960

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VETERANS ADMINISTRATION SUPPLY DEPOT: REFERENCE IS MADE TO YOUR LETTER OF SEPTEMBER 13. BECAUSE OF AN ERROR ALLEGED TO HAVE BEEN MADE IN ITS BID SUBMITTED IN RESPONSE TO INVITATION FOR BIDS NO. IT WAS BROUGHT TO THE ATTENTION OF THE BIDDER FOR THE FIRST TIME THAT THE SUBJECT SPECIFICATIONS RECENTLY HAD BEEN REVISED. BY LETTER OF THE SAME DATE THE FIRM'S PRESIDENT ACKNOWLEDGED THAT ITS QUOTATIONS WERE PREDICATED UPON THE FURNISHING OF DRESSES TO BE FABRICATED UNDER THE PREVIOUS SPECIFICATIONS. THE RELATED FACTS AND CIRCUMSTANCES SUPPORT THE CONCLUSION THAT A BONA FIDE ERROR WAS MADE AS ALLEGED. SINCE YOUR SUSPICION OF ERROR WAS CONFIRMED BEFORE AWARD AND THE ALLEGATION SUPPORTED BY SATISFACTORY EVIDENCE.

B-143995, SEP. 23, 1960

TO C. A. KAPPESSER, CONTRACTING OFFICER, VETERANS ADMINISTRATION SUPPLY DEPOT:

REFERENCE IS MADE TO YOUR LETTER OF SEPTEMBER 13, 1960, WITH ENCLOSURES, FILE REFERENCE 7018/134I, SUBMITTING FOR OUR CONSIDERATION AND DECISION THE QUESTION WHETHER THERE MAY BE GRANTED THE RELIEF REQUESTED BY G AND G COMPANY, INC., WASHINGTON, D.C., BECAUSE OF AN ERROR ALLEGED TO HAVE BEEN MADE IN ITS BID SUBMITTED IN RESPONSE TO INVITATION FOR BIDS NO. M2-49-61, OPENED AUGUST 31, 1960.

THE RECORD DISCLOSES THAT UPON EXAMINATION AND COMPARISON OF THE TWO BIDS RECEIVED, AND HAVING REGARD FOR YOUR PREDETERMINED COST ESTIMATES, YOU SUSPECTED THAT A MISTAKE HAD BEEN MADE BY THE BIDDER AND THEREFORE REQUESTED THAT ITS PRICE BE VERIFIED. BY LETTER DATED SEPTEMBER 1, 1960, THE COMPANY, IN MAKING THE SAME MISTAKE, CONFIRMED ITS QUOTED PRICES; HOWEVER, IN A SUBSEQUENT TELEPHONE CONVERSATION ON SEPTEMBER 6, 1960, WITH THE PRESIDENT OF THE CONCERN, IT WAS BROUGHT TO THE ATTENTION OF THE BIDDER FOR THE FIRST TIME THAT THE SUBJECT SPECIFICATIONS RECENTLY HAD BEEN REVISED, RESULTING IN A CHANGE IN THE STYLE, DESIGN AND MATERIAL REQUIREMENTS OF THE GARMENTS SPECIFIED IN THE INVITATION. BY LETTER OF THE SAME DATE THE FIRM'S PRESIDENT ACKNOWLEDGED THAT ITS QUOTATIONS WERE PREDICATED UPON THE FURNISHING OF DRESSES TO BE FABRICATED UNDER THE PREVIOUS SPECIFICATIONS, AND THEREFORE REQUESTED PERMISSION TO WITHDRAW ITS BID.

THE RELATED FACTS AND CIRCUMSTANCES SUPPORT THE CONCLUSION THAT A BONA FIDE ERROR WAS MADE AS ALLEGED. A COMPARISON OF ITS UNIT QUOTATIONS OF $2.69 AND $2.72, WITH THE GOVERNMENT'S ESTIMATED COST OF $5.00, AND THE OFFER OF THE SECOND BIDDER OF $5.50 PER GARMENT, FURNISHES ADDITIONAL PROOF OF THE MISTAKE. SINCE YOUR SUSPICION OF ERROR WAS CONFIRMED BEFORE AWARD AND THE ALLEGATION SUPPORTED BY SATISFACTORY EVIDENCE, THE BID OF G AND G COMPANY, INC., MAY BE DISREGARDED. SEE UNITED STATES V. METRO NOVELTY MANUFACTURING CO., 125 C.CLS. 713; 35 COMP. GEN. 136.

THE PAPERS FORWARDED WITH YOUR LETTER OF SEPTEMBER 13, 1960, ARE RETURNED HEREWITH AS REQUESTED.