A-12880, FEBRUARY 24, 1926, 5 COMP. GEN. 659

A-12880: Feb 24, 1926

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BIDS - FAILURE TO SUBMIT SAMPLES WHERE THE CONSIDERATION TO BE GIVEN A BID IS CONDITIONED UPON THE SUBMISSION OF SAMPLE ARTICLES PRIOR TO THE TIME OF OPENING OF THE BIDS. SAID BID IS NOT FOR CONSIDERATION IN THE AWARDING OF THE CONTRACT. 1926: THERE IS BEFORE THIS OFFICE FOR CONSIDERATION THE QUESTION AS TO THE VALIDITY OF PAYMENTS MADE BY H. OR WHERE TWO ITEMS ARE ALIKE. NOTATION ACCORDINGLY MUST BE MADE AGAINST SUCH ITEM ON WHICH SAMPLE IS NOT SUBMITTED. SAMPLES MUST BE FORWARDED IN TIME FOR RECEIPT PRIOR TO HOUR OF OPENING OR BID WILL BE SUBJECT TO REJECTION. WAS ACCEPTED. IT APPEARING THAT ALL REQUIREMENTS OF THE ADVERTISEMENT AND INSTRUCTIONS TO BIDDERS WERE COMPLIED WITH. DELIVERY OF THE PAPER WAS MADE AND INVOICES SUBMITTED TO THE QUARTERMASTER CORPS FOR PAYMENT.

A-12880, FEBRUARY 24, 1926, 5 COMP. GEN. 659

ADVERTISING, BIDS - FAILURE TO SUBMIT SAMPLES WHERE THE CONSIDERATION TO BE GIVEN A BID IS CONDITIONED UPON THE SUBMISSION OF SAMPLE ARTICLES PRIOR TO THE TIME OF OPENING OF THE BIDS, QUALITY BEING A DEFINITE FACTOR IN THE AWARDING OF THE CONTRACT, AND A PROSPECTIVE BIDDER FAILS TO SUBMIT SAMPLES AND OTHERWISE COMPLY WITH THE INSTRUCTIONS AND REQUIREMENTS OF THE ADVERTISING IN SUBMITTING HIS BID, SAID BID IS NOT FOR CONSIDERATION IN THE AWARDING OF THE CONTRACT. COMP. GEN. 124, DISTINGUISHED.

DECISION BY COMPTROLLER GENERAL MCCARL, FEBRUARY 24, 1926:

THERE IS BEFORE THIS OFFICE FOR CONSIDERATION THE QUESTION AS TO THE VALIDITY OF PAYMENTS MADE BY H. G. RICE, CAPTAIN, FINANCE DEPARTMENT, UNITED STATES ARMY, COVERING PURCHASES MADE BY THE PURCHASING AND CONTRACTING OFFICER, QUARTERMASTER PURCHASING AGENCY, ST. LOUIS, MO., FROM THE BOGART PAPER CO., OF BROOKLYN, N.Y., UNDER ITS PROPOSAL DATED MAY 4, 1925.

IT APPEARS THAT UNDER DATE OF APRIL 23, 1925, IRA J. WHARTON, CAPTAIN, QUARTERMASTER CORPS, ACTING AS PURCHASING AND CONTRACTING OFFICER FOR THE QUARTERMASTER CORPS, ADVERTISED FOR BIDS FOR FURNISHING SUPPLIES FOR USE OF THE UNITED STATES ARMY, DELIVERY TO BE MADE AT VARIOUS ARMY POSTS AS SPECIFIED IN THE ADVERTISEMENT. ITEM 230 OF THE CIRCULAR PROPOSAL CALLED FOR BIDS ON 5,000 ROLLS OF TOILET PAPER DELIVERED AT CAMP MCCLELLAN, ANNISTON, ALA., IT BEING REQUIRED THAT THE BIDDER "STATE COUNT" OR GIVE THE NUMBER OF SHEETS PER ROLL OR PACKAGE.

PARAGRAPH 5 OF THE INSTRUCTIONS TO PROSPECTIVE BIDDERS WHICH ACCOMPANIED THE REQUEST FOR BIDS REQUIRED THAT---

DUPLICATE SAMPLES, PROPERLY LABELED AS TO ARTICLE AND SIZE CONTAINER, FIRM NAME, CIRCULAR PROPOSAL NUMBER AND ITEM NUMBER, MUST BE SUBMITTED ON ALL ITEMS BID ON, EXCEPT THAT WHERE DEALER DESIRES SAMPLE TO APPLY ON ANOTHER ITEM TO SHOW QUALITY, OR WHERE TWO ITEMS ARE ALIKE, NOTATION ACCORDINGLY MUST BE MADE AGAINST SUCH ITEM ON WHICH SAMPLE IS NOT SUBMITTED.

PARAGRAPH 16 OF THE INSTRUCTIONS PROVIDES:

ALL SAMPLES TO BE SUBMITTED TO THIS OFFICE. SAMPLES MUST BE FORWARDED IN TIME FOR RECEIPT PRIOR TO HOUR OF OPENING OR BID WILL BE SUBJECT TO REJECTION.

THE STERNE-STEVENS CO. SUBMITTED A BID OF 3 CENTS PER ROLL, NO SAMPLE OF THE PAPER PROPOSED TO BE FURNISHED BEING SUBMITTED AS REQUIRED BY PARAGRAPHS 5 AND 16 OF THE INSTRUCTIONS TO BIDDERS. THE BOGART PAPER CO. SUBMITTED A BID OF $4.44 PER ONE HUNDRED ROLLS OF PAPER DELIVERED F.O.B. CARS AT CAMP MCCLELLAN, ALA.

THE BID OF THE BOGART PAPER CO. WAS ACCEPTED, IT APPEARING THAT ALL REQUIREMENTS OF THE ADVERTISEMENT AND INSTRUCTIONS TO BIDDERS WERE COMPLIED WITH, DELIVERY OF THE PAPER WAS MADE AND INVOICES SUBMITTED TO THE QUARTERMASTER CORPS FOR PAYMENT.

UNDER THE FACTS APPEARING THE QUESTION ARISES WHETHER THE BID OF THE STERNE-STEVENS CO. MAY BE CONSIDERED AS A PROPER BID, ENTITLED TO CONSIDERATION WITH OTHER BIDS RECEIVED, IN MAKING THE AWARD OF THE CONTRACT.

THE BID OF THE STERNE-STEVENS CO. WAS NOT SUBMITTED IN ACCORDANCE WITH THE TERMS OF THE ADVERTISEMENT IN THAT IT DID NOT SUBMIT SAMPLES NOR OTHERWISE INDICATE THE QUALITY OR CHARACTER OF THE PAPER IT PROPOSED TO FURNISH, WHILE THE TERMS OF THE ADVERTISEMENT REQUIRED ALL PROSPECTIVE BIDDERS TO FURNISH SAMPLES OF THE ARTICLES UPON WHICH BIDS WERE SUBMITTED PRIOR TO THE OPENING OF THE BIDS IN ORDER THAT THERE MIGHT BE EQUALITY IN THE CONSIDERATION AND ACCEPTANCE OR REJECTION OF THE BIDS. ELIMINATING THE BID OF THE STERNE-STEVENS CO. FOR THE REASONS STATED, IT MUST BE HELD THAT THE BID OF THE BOGART PAPER CO. WAS THE LOWEST BID RECEIVED AND ACCEPTANCE THEREOF AND PAYMENT FOR PAPER IN ACCORDANCE THEREWITH WAS CORRECT.

THIS DECISION IS NOT IN CONFLICT WITH THE DECISION IN 5 COMP. GEN. 124. IN THAT CASE THE BIDDERS WERE NOT REQUIRED TO SUBMIT SAMPLES, AND THE REASON ASSIGNED FOR REJECTING THE LOWEST BID WAS NOT THE FAILURE TO SUBMIT SAMPLE BUT THE ASSUMPTION THAT A SATISFACTORY ARTICLE COULD NOT BE FURNISHED AT SUCH A LOW PRICE.