B-144294, OCT. 26, 1960

B-144294: Oct 26, 1960

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VETERANS ADMINISTRATION HOSPITAL: REFERENCE IS MADE TO YOUR LETTER OF OCTOBER 19. REQUESTING A DECISION AS TO THE ACTION THAT SHOULD BE TAKEN WITH RESPECT TO AN ERROR ALLEGED BY RATH PACKING COMPANY TO HAVE BEEN MADE ON ITEM 95 OF ITS BID SUBMITTED IN RESPONSE TO INVITATION FOR BIDS NO. 61-22. THE SEVEN OTHER BIDS RECEIVED ON SAID ITEM ARE $0.687. IT IS STATED THAT UPON REVIEWING THE QUOTATIONS ON ITEM 95. THE FIRM WAS REQUESTED TO CONFIRM ITS BID AND TO EXTEND THE ACCEPTANCE TIME. RATH PACKING COMPANY ADVISED THAT THE QUOTATION ON ITEM 95 WAS AN ERROR AND THAT IT SHOULD HAVE READ "NO BID.'. ALTHOUGH NO EXPLANATION OR EVIDENCE WAS SUBMITTED IN SUPPORT OF THE ALLEGED ERROR. IT IS CLEAR IN THIS CASE THAT SOME ERROR MUST HAVE BEEN MADE BY RATH PACKING COMPANY IN ITS QUOTATION ON ITEM 95.

B-144294, OCT. 26, 1960

TO MR. R. S. OLSON, CONTRACTING OFFICER, VETERANS ADMINISTRATION HOSPITAL:

REFERENCE IS MADE TO YOUR LETTER OF OCTOBER 19, 1960, FILE REFERENCE 5108 -134A, REQUESTING A DECISION AS TO THE ACTION THAT SHOULD BE TAKEN WITH RESPECT TO AN ERROR ALLEGED BY RATH PACKING COMPANY TO HAVE BEEN MADE ON ITEM 95 OF ITS BID SUBMITTED IN RESPONSE TO INVITATION FOR BIDS NO. 61-22, OPENED ON OCTOBER 18, 1960.

THE INVITATION COVERS THE REQUIREMENTS OF THE HOSPITAL AND THE CANTEEN FOR PACKING HOUSE AND DAIRY PRODUCTS FOR THE MONTH OF NOVEMBER 1960. RESPONSE TO THE INVITATION, RATH PACKING COMPANY SUBMITTED A BID ON, AMONG OTHERS, ITEM 95, COVERING 1,025 POUNDS OF HAM, SMOKED, BONED, ROLLED AND STUFFED IN CASING (8 TO 10 POUNDS), OF $0.3640 PER POUND. THE SEVEN OTHER BIDS RECEIVED ON SAID ITEM ARE $0.687, $0.712, $0.75, $0.78, $0.8241, $0.8312, AND $0.85 PER POUND.

IT IS STATED THAT UPON REVIEWING THE QUOTATIONS ON ITEM 95, AND IT BEING EVIDENT THAT THE PROBABILITY OF ERROR EXISTED IN THE QUOTATION OF RATH PACKING COMPANY, THE FIRM WAS REQUESTED TO CONFIRM ITS BID AND TO EXTEND THE ACCEPTANCE TIME. BY TELEGRAM OF OCTOBER 19, 1960, RATH PACKING COMPANY ADVISED THAT THE QUOTATION ON ITEM 95 WAS AN ERROR AND THAT IT SHOULD HAVE READ "NO BID.'

ALTHOUGH NO EXPLANATION OR EVIDENCE WAS SUBMITTED IN SUPPORT OF THE ALLEGED ERROR, IT IS CLEAR IN THIS CASE THAT SOME ERROR MUST HAVE BEEN MADE BY RATH PACKING COMPANY IN ITS QUOTATION ON ITEM 95, AND THEREFORE, THE FIRM'S BID ON THAT ITEM SHOULD BE DISREGARDED, AS RECOMMENDED.