B-126720, JAN. 26, 1956
Highlights
VETERANS ADMINISTRATION: REFERENCE IS MADE TO YOUR LETTER OF JANUARY 19. IT IS UNDERSTOOD THAT THE CENTRIFUGES WERE TO INCLUDE CERTAIN ACCESSORIES IN ACCORDANCE WITH V.A. THE BIDS WERE TO BE OPENED ON DECEMBER 28. THE CONTRACTING OFFICER NOTED THAT THE PRICES QUOTED WERE OUT OF LINE WITH THE OTHER BIDS AND. IT IS SHOWN IN YOUR LETTER THAT THIRTEEN OTHER BIDDERS SUBMITTED TIE BIDS OF $934.92 EACH AS AGAINST THE PROTESTING BIDDER'S BID PRICE OF $612. IT THUS APPEARS CLEAR THAT THE PRICE OF $612 WAS QUOTED AS A RESULT OF A BONA FIDE ERROR. SINCE THE ERROR WAS ALLEGED AND EXPLAINED PRIOR TO AWARD.
B-126720, JAN. 26, 1956
TO HONORABLE H. V. HIGLEY, ADMINISTRATOR, VETERANS ADMINISTRATION:
REFERENCE IS MADE TO YOUR LETTER OF JANUARY 19, 1956, WITH ENCLOSURES, REQUESTING A DECISION BY THIS OFFICE AS TO WHETHER THE EMIL GREINER COMPANY, 20-26 NORTH MOORE STREET, NEW YORK, NEW YORK, MAY WITHDRAW ITS BID ON ITEMS 2 AND 3 UNDER INVITATION NO. A-170-L, DATED DECEMBER 15, 1955.
THE RECORD SHOWS THAT BY THE ABOVE INVITATION THE HOSPITAL SUPPLIES SECTION, PROCUREMENT DIVISION, VETERANS ADMINISTRATION, REQUESTED BIDS FOR THE FURNISHING OF CERTAIN SUPPLIES, INCLUDING CENTRIFUGES UNDER ITEMS 2 AND 3. IT IS UNDERSTOOD THAT THE CENTRIFUGES WERE TO INCLUDE CERTAIN ACCESSORIES IN ACCORDANCE WITH V.A. DESCRIPTION 4129250A, DATED DECEMBER 2, 1953, REFERRED TO IN THE INVITATION. THE BIDS WERE TO BE OPENED ON DECEMBER 28, 1955. IN RESPONSE TO THE INVITATION, THE EMIL GREINER COMPANY SUBMITTED BIDS OF $612 EACH AS TO ITEMS 2 AND 3. AFTER THE OPENING OF THE BIDS AND PRIOR TO AWARD, THE CONTRACTING OFFICER NOTED THAT THE PRICES QUOTED WERE OUT OF LINE WITH THE OTHER BIDS AND, BY TELEGRAM DATED JANUARY 3, 1956, REQUESTED THE BIDDER TO CONFIRM ITS PRICE. LETTER OF JANUARY 4, 1956, THE BIDDER STATED THAT THE BID PRICE REPRESENTED THE PRICE OF THE CENTRIFUGE WITHOUT ACCESSORIES. IN SUPPORT OF ITS ALLEGATION OF ERROR, THE BIDDER SUBMITTED A BULLETIN BY THE INTERNATIONAL EQUIPMENT COMPANY--- ITS SOURCE OF SUPPLY--- SHOWING A PRICE OF $680 FOR THE CENTRIFUGE ONLY. ON THE BASIS OF THE ALLEGED ERROR, THE BIDDER REQUESTED PERMISSION TO WITHDRAW ITS BID.
IT IS SHOWN IN YOUR LETTER THAT THIRTEEN OTHER BIDDERS SUBMITTED TIE BIDS OF $934.92 EACH AS AGAINST THE PROTESTING BIDDER'S BID PRICE OF $612, AND ACCORDING TO INFORMAL ADVICE FROM YOUR AGENCY ALL SUCH BIDDERS ALSO OFFERED CENTRIFUGES MANUFACTURED BY THE INTERNATIONAL EQUIPMENT COMPANY. IT THUS APPEARS CLEAR THAT THE PRICE OF $612 WAS QUOTED AS A RESULT OF A BONA FIDE ERROR.
ACCORDINGLY, SINCE THE ERROR WAS ALLEGED AND EXPLAINED PRIOR TO AWARD, THE BID OF THE EMIL GREINER COMPANY SHOULD BE DISREGARDED.