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B-187012 1 (1976-11-17)

handle is hein.gao/gaobadegs0001 and id is 1 raw text is: 


                                                               Henry Hufford
                                j$tBe .Proc. II
                             Sa        p THEi  COMPTROL.ER GNERAL
-'            0ECISICN          2  4     DF  THE    UIaTE'       STATES
                             0            WASHIN3TON, D.C. 20546



             FILE:  B-187012                    DAt'iE:  Novmber 17, 1976

             MATTER OF: Indusco Industries, Inc.


             DIGEST:

                  Mere fact that discount term offered in bid is very low does .
                  not justify correction of bid mistake which would result in
                  displacement of another bidder since mistake and bid actually
                  intended are not ascertainable substantially from bid itself.


                  Indusco Industries, Inc. (Indusco) protesti' the refusal of
            the Defense Supply Agency (DSA) ;.o allow correction of an alleged
            mistake in the prompt payment discount terms of its bid under
            invitation for bids (IFB) DSA400-76-B-3620, for the purchase of
            various types of cellular plastic sheets. If correction is alLowed
            *Induso would become the low bidder.

                  Indusco's bid as initially submitted provided no prompt
            payment discount.  By telegraphic modification of its bid, received
            before bid opening on April 15, 1976, Indusco amended its bid as
            follows:

                  Page one item 16 discount terns change from
                  net percent ten days to read .0095 percent
                  20 days all other ternis and candivions remain
                  as quoted.

            Indusco's bid was evaluated using the specified discount term. As
            a result, the bid of National Distributing Crmpany (National) (As
            increased after an error on the face of its b:d had been corrected)
            was found low for the entire procurement.

            *     On April 30, 1976, the contracting officer cailed to request
            a clarification of Indusco's discount. Apparently in response to
            this request, Indusco wrote the contracting activity that we a'mended
            our discount terms via telegram to read k of 17. 20 days in lieu of
            Net.  The use of Indusco's di., ount terms as stated after bid open-
            ing would result in Indusco's bid being low for the entire procure-
            ment.  However, DSA notified Indusco that its bid would be considered



            S-'1                              **-


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