B-145132, APR. 7, 1961

B-145132, APR. 7, 1961

TO CONTRACTING OFFICER, VETERANS ADMINISTRATION HOSPITAL:

REFERENCE IS MADE TO YOUR LETTER OF FEBRUARY 17, 1961, WITH ENCLOSURES, YOUR FILE 5211/134, REQUESTING A DECISION AS TO THE ACTION TO BE TAKEN CONCERNING AN ERROR WHICH MALCO, INCORPORATED ALLEGES IT MADE IN ITS BID OPENED FEBRUARY 8, 1961.

BY INVITATION NO. 61-22 BIDS WERE REQUESTED FOR FURNISHING COMBINATION STORM AND SCREEN WINDOWS. IN RESPONSE MALCO, INC., SUBMITTED A BID OF $3,789.75 ON GROUP I AND $4,045.50 ON GROUP II. THE OTHER BIDS RANGE FROM $5,459.10 TO $9,935.35 ON GROUP I AND FROM $6,092.43 TO $10,363.15 ON GROUP II.

UPON BEING REQUESTED TO VERIFY ITS BID PRICE MALCO, INCORPORATED, ADVISED THAT THROUGH A MISINTERPRETATION OF THE SPECIFICATIONS A MISTAKE HAD BEEN MADE ON ITEMS 1, 2, 3 AND 6 IN BOTH GROUPS IN THAT THE BID PRICES WERE MADE ON THE BASIS THAT THE WOOD OPENING WAS " 37 1/8 INCHES WIDE BY 41 1/8 INCHES HIGH," AND THAT THE PRICES QUOTED SHOULD BE INCREASED BY $3 PER UNIT. ALSO, THE COMPANY REQUESTED WITHDRAWAL OF ITS BID FOR THE REASON THAT ITS PRODUCT COULD NOT BE MADE TO MEET THE SPECIFICATIONS.

BY COMPARISON WITH THE OTHER BIDS RECEIVED THERE IS LITTLE ROOM FOR DOUBT THAT THE COMPANY MADE AN ERROR IN ITS BID, AS ALLEGED. ACCORDINGLY, SINCE IT WAS BELIEVED THAT THE BID OF MALCO, INCORPORATED WAS ERRONEOUS, AND SUCH BELIEF WAS CONFIRMED AND THE ERROR WAS EXPLAINED PRIOR TO AWARD, THE BID OF THE COMPANY MAY BE DISREGARDED IN MAKING THE AWARD.