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B-176326 1 (1972-12-29)

handle is hein.gao/gaobaddva0001 and id is 1 raw text is: COMPTROLLER GENERAL OF THE UNITED STATES WASHINGTON. D.C. 20548 B ;176326 December 29, 1972 Dear General Robinson: Further reference is made to the protest by Henry Spen & Company, Incorporated (Spen), against the award of a contract to any other firm under invitation for bids (IFB) No. DSA700-72-B-2207, issued by the Defense Construction Supply Center (DCSC), Columbus, Ohio, which was the subject of a report dated August 18, 1972, from the Assistant Counsel, Headquarters, Defense Supply Agency. The IFB was issued on April 21, 1972, for a total quantity of 67 lubrication and servicing units (items 1 through 4), together with first article testing and related data (items 5 through 17). Bids were opened on June 6, 1972. Of the four (4) bids received, Spen sub- mitted the lowest bid of $6,000 each on items 1 through 4 and is the lowest aggregate bidder on all items. Spen's unit price of $6,000 for items 1 through 4 was considered out of line with the other bids received, and the prices bid on items 1 through 5 on page 12 of its bid were misaligned so that it could not be determined whether the bid was on an f.o.b. origin or f.o.b. destination basis. Spen was therefore contacted by telephone on June 9, 1972, and requested to confirm the unit price of $6,000 and the delivery basis. Spen confirmed that it was bidding f.o.b. origin, but stated that it had sent a telegram on June 5, 1972, increasing the unit price of items 1 through 4 by $1,982, and the total price of item 5 by $9,437. Spen mailed a copy of the telegram referred to in this telephone conversation, which was received by DCSC on June 13, 1972. By letter of June 15, 1972, DCSC advised Spen that the telegraphic amendment had not been received from the telegraph company, and Spen was advised of the procedure to be followed in requesting the withdrawal or correction of its bid because of mistake. Reply was requested to be made not later than June 23, 1972. By letter of June 19, 1972, Spen advised that it would reply to the letter of June 15, 1972, after re- view by its attorney. On June 22, 1972, Spen was further informed that. it must reply to the letter of June 15, 1972, by the close of business on June 26, 1972. By its telegram of June 23, 1972, Spen filed its protest with our Office. kUBLISHED DECISION 52 Comp. Gen.

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