B-144074, OCT. 4, 1960

B-144074: Oct 4, 1960

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NEW YORK: REFERENCE IS MADE TO YOUR LETTER OF SEPTEMBER 22. THE SAME DATE ON WHICH THE BIDS WERE OPENED. THE FIRM'S SECRETARY NOTIFIED YOU THAT ITS QUOTATION ON ITEM NO. 80 WAS. 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-144074, OCT. 4, 1960

TO MR. R. S. OLSON, CONTRACTING OFFICER, VETERANS ADMINISTRATION HOSPITAL, NORTHPORT, LONG ISLAND, NEW YORK:

REFERENCE IS MADE TO YOUR LETTER OF SEPTEMBER 22, 1960, AND ENCLOSURES, FILE REFERENCE 5108, 134A, REQUESTING A DECISION WHETHER THE BID OF THE WASHINGTON BEEF COMPANY MAY BE DISREGARDED AS TO ITEM NO. 80, BECAUSE OF AN ALLEGED ERROR IN ITS QUOTATION SUBMITTED IN RESPONSE TO INVITATION FOR BIDS NO. 61-17.

THE RECORD DISCLOSES THAT UPON EXAMINATION AND COMPARISON OF THE SEVERAL BIDS RECEIVED ON ITEM NO. 80 WITH THAT OF THE WASHINGTON BEEF COMPANY YOU SUSPECTED THAT A MISTAKE HAD BEEN MADE BY THE BIDDER AND THEREFORE REQUESTED THAT ITS PRICE BE VERIFIED. BY LETTER OF SEPTEMBER 20, 1960, THE SAME DATE ON WHICH THE BIDS WERE OPENED, THE FIRM'S SECRETARY NOTIFIED YOU THAT ITS QUOTATION ON ITEM NO. 80 WAS, IN FACT, INTENDED FOR APPLICATION TO ITEM NO. 77.

THE RELATED FACTS AND CIRCUMSTANCES SUPPORT THE CONCLUSION THAT A BONA FIDE ERROR WAS MADE AS ALLEGED. A COMPARISON OF THE FIRM'S UNIT QUOTATION OF $0.4141 PER POUND, WITH THOSE OF THE SEVEN OTHER BIDDERS WHICH RANGED FROM $0.6481 TO $0.84 PER POUND, FURNISHES SUBSTANTIAL PROOF OF A MISTAKE. SINCE YOUR SUSPICION OF ERROR WAS CONFIRMED BEFORE AWARD AND THE ALLEGATION SUPPORTED BY SATISFACTORY EVIDENCE, THE BID OF THE WASHINGTON BEEF COMPANY, AS TO ITEM NO. 80, MAY BE DISREGARDED. SEE UNITED STATES V. METRO NOVELTY MANUFACTURING CO., 125 C.CL.S 713; 35 COMP. GEN. 136.