B-144695, JAN. 4, 1961

B-144695: Jan 4, 1961

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VETERANS ADMINISTRATION SUPPLY DEPOT: REFERENCE IS MADE TO YOUR LETTER 134H OF DECEMBER 20. THE PRICE BID BY THE ONLY OTHER BIDDER WAS $5.50 PER UNIT. THERE IS NO ROOM FOR DOUBT THAT AN ERROR IN BID WAS MADE AS ALLEGED. WHILE THE BIDDER MAY HAVE COPIED THE 108 FIGURE FROM A PREVIOUS INVITATION THAT SHOWED A $5.50 UNIT PRICE. THAT IS NOT SUFFICIENT TO ESTABLISH THAT THE $5.50 PRICE WAS INTENDED ON THE SUBJECT PROCUREMENT. THE EVIDENCE IS NOT AS CONCLUSIVELY ESTABLISHES WHAT THE BIDDER ACTUALLY INTENDED TO BID INSTEAD OF THE $1.08 PRICE AND THE BID SHOULD THEREFORE NOT BE CHANGED. THE BELIEF THAT THE BID WAS ERRONEOUS WAS CONFIRMED.

B-144695, JAN. 4, 1961

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

REFERENCE IS MADE TO YOUR LETTER 134H OF DECEMBER 20, 1960, WITH ENCLOSURES, REQUESTING A DECISION WHETHER C. R. BARD, INC., SUMMIT, NEW JERSEY, SHOULD BE PERMITTED TO AMEND ITS BID ON INVITATION M1-90-61 BECAUSE OF AN ERROR IT ALLEGED UPON REQUEST FOR VERIFICATION PRIOR TO AWARD.

C. R. BARD, INC., BID A UNIT PRICE OF $1.08 FOR FURNISHING CERTAIN EVACUATING BLADDER SYRINGES. THE PRICE BID BY THE ONLY OTHER BIDDER WAS $5.50 PER UNIT. IN RESPONSE TO A REQUEST TO CONFIRM THE $1.08 PRICE, THE BIDDER ADVISED THAT IN PREPARING ITS BID IT REFERRED TO A PREVIOUS INVITATION WHICH SOLICITED BIDS FOR 108 UNITS AND COPIED THAT FIGURE AS THE UNIT PRICE INSTEAD OF THE $5.50 UNIT PRICE IT QUOTED ON THAT INVITATION.

ON THE BASIS OF THE RECORD PRESENTED, THERE IS NO ROOM FOR DOUBT THAT AN ERROR IN BID WAS MADE AS ALLEGED. HOWEVER, WHILE THE BIDDER MAY HAVE COPIED THE 108 FIGURE FROM A PREVIOUS INVITATION THAT SHOWED A $5.50 UNIT PRICE, THAT IS NOT SUFFICIENT TO ESTABLISH THAT THE $5.50 PRICE WAS INTENDED ON THE SUBJECT PROCUREMENT.

THE EVIDENCE IS NOT AS CONCLUSIVELY ESTABLISHES WHAT THE BIDDER ACTUALLY INTENDED TO BID INSTEAD OF THE $1.08 PRICE AND THE BID SHOULD THEREFORE NOT BE CHANGED. HOWEVER, SINCE, UPON REQUEST FOR VERIFICATION PRIOR TO AWARD, THE BELIEF THAT THE BID WAS ERRONEOUS WAS CONFIRMED, THE BID SHOULD BE DISREGARDED IN MAKING AN AWARD.