Looks like a mis-fitting reproduction part. Par for the course. Here's my original....been on the car since 1965.
The leg that hits the intake has a bent foot. Cut it down and no way to mount the bracket with both bolts. I was going to suggest a spacer under the top mount, but I totaled a GTO once using a rigged throttle bracket, so my recommendation is to return the defective part and get a refund and use a factory or quality part. The longer we 'make do' with crappy parts, the longer they will foist them on us.Hmmm. A lot of pictures, but no help.
What if you cut the flat "leg" down that looks like it is hitting the intake" I would think that will allow the bracket to drop down flat. Just trim a little at a time until it seats.
If I am seeing it wrong, then buy a different one, but looks like that is your fix.
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Then there is no incentive for the manufacturer to clean up its act. My vote is send it back for a refund. Don't enable and promote sub-standard crap.Cut and weld. Cheaper than sending it back or buying a new one. Then paint it.