B-155537, JAN. 7, 1965

B-155537: Jan 7, 1965

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WAYNE JORDAN COMPANY: REFERENCE IS MADE TO YOUR LETTER DATED NOVEMBER 4. - WAS HIGH BIDDER ON ITEM 26. THAT IS. WHICH ITEM WAS OFFERED AS A "LOT" OF AIRCRAFT INSTRUMENTS ON WHICH NO UNIT BID SHOULD HAVE BEEN SUBMITTED. IT IS FURTHER REPORTED THAT IN THE PROCESS OF EVALUATING THE BIDS ON ITEMS 26 AND 27. THE SALES CONTRACTING OFFICER WAS PUT ON NOTICE OF AN ERROR IN THE BIDS SUBMITTED BY AUSTIN AND SOUGHT VERIFICATION OF THOSE BIDS. IT WAS ADMINISTRATIVELY DETERMINED THAT CORRECTION SHOULD BE ALLOWED. IT IS NOTED THAT THE BID FORM SPECIFICALLY INSTRUCTS THE BIDDER "DO NOT SUBMIT A "UNIT" BID WHEN BIDS ARE SOLICITED ON A "LOT" BASIS.'. SINCE ITEM 26 OF THE SALE WAS A LOT OF AIRPLANE INSTRUMENTS WHEREAS ITEM 27 WAS 362 UNITS OF PRESSURE ALTIMETERS.

B-155537, JAN. 7, 1965

TO W. WAYNE JORDAN COMPANY:

REFERENCE IS MADE TO YOUR LETTER DATED NOVEMBER 4, 1964, PROTESTING THE AWARD TO ANY BIDDER OTHER THAN YOURSELVES BY THE SALES CONTRACTING OFFICER, DEFENSE SURPLUS SALES OFFICE, AT NORFOLK, VIRGINIA, OF ITEM 27, SALES NO. 25-S-65-25, BID OPENING OCTOBER 1, 1964.

YOU STATE THAT AT BID OPENING PAUL AUSTIN--- ANOTHER BIDDER--- WAS HIGH BIDDER ON ITEM 26, WITH PAUL AUSTIN AS ONE OF THE LOWER BIDDERS ON ITEM 27; THAT THE CONTRACTING OFFICER MAINTAINED THAT AUSTIN SUBMITTED RECIPROCAL BIDS, THAT IS, THE BIDS ON ITEMS 26 AND 27 SHOULD BE REVERSED; THAT AUSTIN REQUESTED PERMISSION TO CORRECT ITS BIDS WHICH WOULD DISPLACE YOUR HIGH BID ON ITEM 27 AND RESULT IN AWARD TO AUSTIN. YOU REQUEST THAT THIS PERMISSION BE DENIED.

IT HAS BEEN ADMINISTRATIVELY REPORTED BY THE DEFENSE LOGISTICS SERVICES CENTER THAT THE W. WAYNE JORDAN COMPANY SUBMITTED A UNIT BID OF $9.02 AND A TOTAL BID OF $3,265.24 ON ITEM 27, 362 PRESSURE ALTIMETERS. PAUL G. AUSTIN SUBMITTED ONLY A TOTAL BID ON ITEM 27, AS A "LOT" OF PROPERTY, IN THE AMOUNT OF $338.88. AUSTIN ALSO SUBMITTED A UNIT BID OF $11.38 AND A TOTAL BID OF $4,119.56 ON ITEM 26, WHICH ITEM WAS OFFERED AS A "LOT" OF AIRCRAFT INSTRUMENTS ON WHICH NO UNIT BID SHOULD HAVE BEEN SUBMITTED.

IT IS FURTHER REPORTED THAT IN THE PROCESS OF EVALUATING THE BIDS ON ITEMS 26 AND 27, THE SALES CONTRACTING OFFICER WAS PUT ON NOTICE OF AN ERROR IN THE BIDS SUBMITTED BY AUSTIN AND SOUGHT VERIFICATION OF THOSE BIDS. AUSTIN ALLEGED THE MISTAKE IN HIS BIDS AND ASSERTED THAT THE BID SUBMITTED ON ITEM 26 HAD BEEN INTENDED AS A BID ON ITEM 27 AND THAT THE BID HE SUBMITTED ON ITEM 27 HAD BEEN INTENDED AS A BID ON ITEM 26. IT WAS ADMINISTRATIVELY DETERMINED THAT CORRECTION SHOULD BE ALLOWED. AS A RESULT OF A CORRECTION THE JORDAN BID WOULD BE DISPLACED AS THE HIGH BID ON ITEM 27.

IT IS NOTED THAT THE BID FORM SPECIFICALLY INSTRUCTS THE BIDDER "DO NOT SUBMIT A "UNIT" BID WHEN BIDS ARE SOLICITED ON A "LOT" BASIS.' SINCE ITEM 26 OF THE SALE WAS A LOT OF AIRPLANE INSTRUMENTS WHEREAS ITEM 27 WAS 362 UNITS OF PRESSURE ALTIMETERS, THERE WAS AN OBVIOUS MISTAKE IN AUSTIN'S BID, WHICH STATED A "LOT" PRICE ON ITEM 27, AND A "UNIT" PRICE WITH EXTENSION ON ITEM 26. FURTHERMORE, AN EXAMINATION OF AUSTIN'S BID SHOWS THAT THE UNIT PRICE BID MULTIPLIED BY 362, THE NUMBER OF UNITS IN ITEM 27, EQUALS THE TOTAL BID PRICE STATED, AND IN OUR OPINION EVIDENCES AN INTENT TO BID THIS AMOUNT ON ITEM 27 RATHER THAN ITEM 26. IN ADDITION, THE AUSTIN BID FORM EVIDENCES AN ATTEMPT TO CORRECT AN ERROR IN ITS ORIGINAL BID BY CROSSING OUT THE BID AND INITIALING THE DELETION, BUT THE CORRECTION CONTAINED THE SAME MISTAKE. AN EXAMINATION OF THE INVITATION IN ITS ENTIRETY SHOWS NO OTHER ITEM WITH A QUANTITY OF 362 UNITS, AND IT IS NOTED THAT ITEM 28 WAS ALSO ON A "LOT" BASIS.

UPON EXAMINATION OF AUSTIN'S BID FORM WE ARE OF THE OPINION THAT IT IS OBVIOUS THAT A MISTAKE IN BID WAS MADE, AND FURTHER THAT THE NATURE OF THE ERROR AND THE INTENDED BIDS ARE READILY ASCERTAINABLE FROM THE FORM ITSELF WITHOUT REFERENCE TO OTHER DOCUMENTS. HOWEVER, IT MAY BE OBSERVED THAT WORK SHEETS SUBMITTED BY AUSTIN IN SUPPORT OF HIS ALLEGATION OF MISTAKE, CLEARLY SHOW AN INTENTION TO BID $338.88 ON ITEM 26, AND $11.38 PER UNIT FOR 362 UNITS, OR $4,119.56, ON ITEMS 27.

CAREFUL CONSIDERATION HAS BEEN GIVEN TO YOUR PROTEST, BUT WE ARE UNABLE TO CONCLUDE THAT THE CORRECTION OF AUSTIN'S BID ON ITEM 27 IS IMPROPER.

WE HAVE FREQUENTLY HELD THAT A BIDDER MAY PROPERLY BE PERMITTED TO CORRECT AN ERROR IN HIS BID, EVEN THOUGH THE LOW BID IS DISPLACED, WHERE THE ERROR AND AMOUNT OF THE INTENDED BID ARE ASCERTAINABLE ON THE FACE OF THE INVITATION AND BID. B-149553, SEPTEMBER 6, 1962. COMPARE 37 COMP. GEN. 210.