A-9683, JUNE 12, 1925, 4 COMP. GEN. 1035

A-9683: Jun 12, 1925

Additional Materials:

Contact:

Edda Emmanuelli Perez
(202) 512-2853
EmmanuelliPerezE@gao.gov

 

Office of Public Affairs
(202) 512-4800
youngc1@gao.gov

INCREASED COSTS WHERE BIDS HAVE BEEN SUBMITTED FOR THE PURCHASE OF FLOUR THE ACCEPTANCE OF OTHER THAN THE LOWEST BID IS AUTHORIZED UPON THE CERTIFICATION BY THE ADMINISTRATIVE OFFICER CONCERNED THAT THE PARTICULAR GRADE OF FLOUR WHICH IS OFFERED BY THE LOWEST BIDDER HAD BEEN PREVIOUSLY USED AND FOUND UNSATISFACTORY. UNDER A CONTRACT FOR THE PURCHASE OF FLOUR BY THE UNITED STATES WHICH PROVIDED THAT DELIVERY WAS TO BE MADE BY FREIGHT. IN ACCORDANCE WITH SUBSEQUENT INSTRUCTIONS ISSUED BY THE UNITED STATES IS. 1925: I HAVE YOUR LETTER OF MAY 11. WITH REQUEST FOR DECISION AS TO WHETHER PAYMENT THEREON IS AUTHORIZED. YOUR DOUBT IS BASED UPON THE APPARENT FAILURE TO ACCEPT THE BID OF THE LOWEST RESPONSIBLE BIDDER.

A-9683, JUNE 12, 1925, 4 COMP. GEN. 1035

ADVERTISING, ACCEPTANCE OF OTHER THAN LOWEST BID - CONTRACTS, INCREASED COSTS WHERE BIDS HAVE BEEN SUBMITTED FOR THE PURCHASE OF FLOUR THE ACCEPTANCE OF OTHER THAN THE LOWEST BID IS AUTHORIZED UPON THE CERTIFICATION BY THE ADMINISTRATIVE OFFICER CONCERNED THAT THE PARTICULAR GRADE OF FLOUR WHICH IS OFFERED BY THE LOWEST BIDDER HAD BEEN PREVIOUSLY USED AND FOUND UNSATISFACTORY. UNDER A CONTRACT FOR THE PURCHASE OF FLOUR BY THE UNITED STATES WHICH PROVIDED THAT DELIVERY WAS TO BE MADE BY FREIGHT, F.O.B., THE ADDITIONAL COST OCCASIONED BY THE CONTRACTOR IN PACKING THE FLOUR FOR SHIPMENT BY PARCEL POST, IN ACCORDANCE WITH SUBSEQUENT INSTRUCTIONS ISSUED BY THE UNITED STATES IS, IF REASONABLE AND JUST, ALLOWABLE.

COMPTROLLER GENERAL MCCARL TO L. L. CUMBERLAND, DISBURSING OFFICER, YOSEMITE NATIONAL PARK, JUNE 12, 1925:

I HAVE YOUR LETTER OF MAY 11, 1925, TRANSMITTING, WITH REQUEST FOR DECISION AS TO WHETHER PAYMENT THEREON IS AUTHORIZED, A VOUCHER IN FAVOR OF HOOPER AND JENNINGS FOR $202.64 FOR SUPPLIES FURNISHED THE INTERIOR DEPARTMENT, NATIONAL PARK SERVICE, UNDER CONTRACT DATED MARCH 16, 1925. YOUR DOUBT IS BASED UPON THE APPARENT FAILURE TO ACCEPT THE BID OF THE LOWEST RESPONSIBLE BIDDER.

IT APPEARS THAT THE SUPERINTENDENT OF THE YOSEMITE NATIONAL PARK ADVERTISED FOR BIDS ON A QUANTITY OF FOOD SUPPLIES. FOUR BIDS WERE SUBMITTED. HOOPER AND JENNINGS' BID OF $198.60 FOR 30 SACKS OF BIG LOAF FLOUR WAS ACCEPTED, AND A FORMAL CONTRACT WAS ENTERED INTO; THE ACCEPTED BID WAS NOT THE LOWEST OF THE BIDS SUBMITTED, BEING $12.60 MORE THAN THAT OF HAAS BROS., THE LOWEST BIDDER. THE ADMINISTRATIVE OFFICER STATES THAT-

LOW BID FOR FLOUR WAS NOT ACCEPTED FOR THE REASON THAT MT. HOME BRAND BID ON HAS BEEN FOUND TO BE UNSATISFACTORY FOR OUR REQUIREMENTS.

THERE BEING A GREAT DIFFERENCE IN THE GRADES OF FLOUR AND WITH NO PRACTICABLE MEANS OF DETERMINING THE QUALITY THEREOF OTHER THAN BY ACTUAL USE, THE CERTIFICATE OF THE ADMINISTRATIVE OFFICER CONCERNED WITH REFERENCE TO THE QUALITY THEREOF WILL BE ACCEPTED BY THIS OFFICE.

IT ALSO APPEARS THAT DELIVERY OF THE FLOUR WAS TO BE MADE BY FREIGHT F.O.B. EL PORTAL, CALIF. AFTER ENTERING INTO THE FORMAL CONTRACT THE CONTRACTOR WAS INSTRUCTED TO SHIP BY PARCEL POST AND CLAIMS THE DIFFERENCE IN COST OF PACKING FOR PARCEL POST AT THE RATE OF 4 CENTS EACH FOR 101 PACKAGES, OR A TOTAL OF $4.04. THE CONTRACTOR HAVING MADE SHIPMENT BY PARCEL POST AS DIRECTED, INCURRING AN ADDITIONAL EXPENSE NOT CONTEMPLATED BY THE PARTIES AT THE TIME OF ENTERING INTO THE CONTRACT, IS ENTITLED TO REIMBURSEMENT OF THE REASONABLE COST.

THE VOUCHER IS RETURNED HEREWITH AND YOU ARE ADVISED THAT PAYMENT THEREOF IS AUTHORIZED, IF OTHERWISE CORRECT, UPON CERTIFICATION BY THE PURCHASING OFFICER THAT THE EXTRA COST CLAIMED IS REASONABLE AND JUST.