B-142958, JUN. 1, 1960

B-142958, JUN. 1, 1960

TO MR. ADAM E. SHURMAN, CHIEF, MARKETING DIVISION, VERTERANS ADMINISTRATION SUPPLY DEPOT:

REFERENCE IS MADE TO YOUR LETTER OF MAY 19, 1960, WITH ENCLOSURES, REQUESTING A DECISION AS TO WHETHER COLUMBIA SYRINGE INCORPORATED, DIVISION OF HOSPITAL PRODUCTS CORPORATION, COLUMBUS, OHIO, MAY BE PERMITTED TO CORRECT ITS BID SUBMITTED IN RESPONSE TO INVITATION NO. M1 3- 61.

BY THE REFERRED-TO INVITATION, BIDS WERE REQUESTED FOR FURNISHING SPECIAL PURPOSE HYPODERMIC SYRINGES UNDER ITEMS 1 TO 15, INCLUSIVE. BIDS WERE REQUESTED ON THE BASIS OF A PRICE PER CARTON OF 100 SYRINGES. IN RESPONSE COLUMBIA SYRINGE INCORPORATED SUBMITTED A BID IN WHICH IT OFFERED TO FURNISH THE SYRINGES UNDER ITEMS 1 TO 9, INCLUSIVE, AND 13 TO 15, INCLUSIVE, AT A UNIT PRICE OF $0.085. THE TWO OTHER BIDDERS QUOTED UNIT PRICES RANGING FROM $11.50 TO $15 PER CARTON OF 100 SYRINGES.

UPON BEING REQUESTED BY LETTERS OF APRIL 25, AND MAY 6, 1960, AND BY TELEPHONE ON MAY 16, TO CONFIRM ITS UNIT PRICES FOR THE SYRINGES, COLUMBIA SYRINGE INCORPORATED ADVISED BY LETTER DATED MAY 16, 1960, AS FOLLOWS:

"THIS IS TO CONFIRM OUR BID PRICE OF ?085 PER SYRINGES IN THE QUANTITIES SPECIFIED IN YOUR BID M1-3-61. THE REASON FOR THE ERROR ON OUR OTHER BID IS THAT THE GIRL WAS FIGURING THERE WERE 400 SYRINGES PER CARTON. SO THIS WOULD MAKE THE TOTAL DOLLAR VALUE ONE QUARTER OF WHAT IS LISTED ON OUR TOTALS.

"WE CERTAINLY HOPE THAT THIS CLARIFIES THE MATTER TO THE FULLEST. WOULD CERTAINLY APPRECIATE IT IF YOU WOULD LET US KNOW IF WE HAVE RECEIVED THE BID SO THAT WE CAN START MAKING PRODUCTION ORDERS.'

THE BASIC RULE IS THAT BIDS MAY NOT BE CHANGED AFTER THE TIME FIXED FOR OPENING. THE EXCEPTION TO SUCH RULE, WHICH PERMITS CORRECTION OF A BID UPON SUFFICIENT EVIDENCE TO ESTABLISH THAT THE BIDDER ACTUALLY INTENDED TO BID AN AMOUNT OTHER THAN THAT SET FORTH IN THE BID, WHERE THE CONTRACTING OFFICER IS ON NOTICE OF PROBABLE ERROR PRIOR TO ACCEPTANCE, DOES NOT EXTEND TO THE RECALCULATION OR CHANGING OF THE BID WITHOUT CONCLUSIVE PROOF AS TO THE AMOUNT OF THE INTENDED BID. SEE 17 COMP. GEN. 575, 577; AND 31 ID. 183, 184. IN THE PRESENT CASE, COLUMBIA SYRINGE INCORPORATED HAS NOT SUBMITTED SUCH PROOF, IN FACT, THE CORPORATION HAS FAILED TO PROPERLY EXPLAIN THE TWO ERRORS MADE IN ITS BID, NAMELY, THE ERROR IN FAILING TO QUOTE A PER CARTON PRICE AND THE ERROR IN ASSUMING THAT A CARTON WAS TO CONTAIN 400 RATHER THAN 300 SYRINGES, AS REQUIRED.

IN THE CIRCUMSTANCES, THE BID OF COLUMBIA SYRINGE INCORPORATED AS TO ITEMS 1 TO 9, INCLUSIVE, AND 13 TO 15, INCLUSIVE, MAY NOT BE CORRECTED. ACCORDINGLY, SINCE THE ERROR WAS ALLEGED BY THE CORPORATION PRIOR TO AWARD, THE BID OF THE CORPORATION MAY BE DISREGARDED IN MAKING THE AWARD.