B-100293, FEB 14, 1951

B-100293: Feb 14, 1951

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PRECIS-UNAVAILABLE THE SECRETARY OF THE AIR FORCE: REFERENCE IS MADE TO A LETTER DATED DECEMBER 11. REQUESTING A DECISION AS TO WHETHER THE AWARD OF THE CONTRACT WAS PROPER. THAT IN CONNECTION WITH ITEM NO. 8 IT WAS QUOTING ON "ROYAL METAL MFG. THE RECORD SHOWS THAT THE CONTRACT WAS AWARDED TO THE NATIONAL CHAIR COMPANY FOR ITEM NO. 8 IN THE AMOUNT OF $16.35 EACH. ON SUCH ITEM WAS REJECTED. AS THE STOOL OFFERED BY THE COMPANY WAS NOT IN ACCORDANCE WITH THE SPECIFICATIONS. THE BID OF THE NATIONAL CHAIR COMPANY WITH RESPECT TO ITEM NO. 8 WAS ACCEPTED AS THE LOW BID ON SUCH ITEM. WAS OMITTED FROM THE CONTRACT AS AWARDED. THE QUESTION POSED IS AS TO WHETHER A CONTRACT EXISTS BETWEEN THE GOVERNMENT AND THE CONTRACTOR AS TO ITEM NO. 8.

B-100293, FEB 14, 1951

PRECIS-UNAVAILABLE

THE SECRETARY OF THE AIR FORCE:

REFERENCE IS MADE TO A LETTER DATED DECEMBER 11, 1950, SIGNED BY THE DIRECTOR, PROCUREMENT AND INDUSTRIAL PLANNING, FOR THE COMMANDING GENERAL, WRIGHT-PATTERSON AIR FORCE BASE, DAYTON, OHIO, FORWARDING A PHOTOSTATIC COPY OF CONTRACT NO. AF 33(038) 14410, AND RELATED PAPERS, ENTERED INTO JUNE 28, 1950, WITH THE NATIONAL CHAIR COMPANY, AND REQUESTING A DECISION AS TO WHETHER THE AWARD OF THE CONTRACT WAS PROPER.

THE WRIGHT-PATTERSON AIR FORCE BASE, BY INVITATION NO. 33-038-50 1853, REQUESTED BIDS - TO BE OPENED MAY 26, 1950 - FOR FURNISHING METAL FURNITURE AS DESCRIBED IN ITEMS 1 TO 9, INCLUSIVE. IN RESPONSE TO THE INVITATION, THE NATIONAL CHAIR COMPANY, BY LETTER DATED MAY 25, 1950, SUBMITTED A BID WHEREIN IT OFFERED TO FURNISH ITEM NO. 8, ADJUSTABLE STOOL, IN MEDIUM BUFF FOR $16.35 EACH OR IN TOP GRAIN FOR $18.55 EACH. THE NATIONAL CHAIR COMPANY STATED IN THE LETTER OF MAY 25, 1950, THAT IN CONNECTION WITH ITEM NO. 8 IT WAS QUOTING ON "ROYAL METAL MFG. CO. CHROME PLATED STOOL #119 AS AN ALTERNATE."

THE RECORD SHOWS THAT THE CONTRACT WAS AWARDED TO THE NATIONAL CHAIR COMPANY FOR ITEM NO. 8 IN THE AMOUNT OF $16.35 EACH, AS OTHER THAN THE LOW BIDDER, DUE TO THE FACT THAT THE LOW BID OF THE KEWAUNEE MFG. CO. ON SUCH ITEM WAS REJECTED, AS THE STOOL OFFERED BY THE COMPANY WAS NOT IN ACCORDANCE WITH THE SPECIFICATIONS. THE BID OF THE NATIONAL CHAIR COMPANY WITH RESPECT TO ITEM NO. 8 WAS ACCEPTED AS THE LOW BID ON SUCH ITEM. HOWEVER, THE COMPANY'S LETTER OF MAY 25, 1950, WAS OMITTED FROM THE CONTRACT AS AWARDED. THE QUESTION POSED IS AS TO WHETHER A CONTRACT EXISTS BETWEEN THE GOVERNMENT AND THE CONTRACTOR AS TO ITEM NO. 8.

THE ONLY OTHER BID ON ITEM 8 WAS SUBMITTED BY THE ROTH OFFICE EQUIPMENT COMPANY IN THE AMOUNT OF $18.50 EACH. THE ABSTRACT OF BIDS SHOWS THAT THE STOOL UPON WHICH THE ROTH OFFICE EQUIPMENT COMPANY BID WAS THE IDENTICAL STOOL BID UPON BY THE NATIONAL CHAIR COMPANY AND COVERED BY THE CONTRACT INVOLVED.

BY NOTICE OF AWARD DATED JUNE 28, 1950, THE NATIONAL CHAIR COMPANY WAS ADVISED BY THE CONTRACTING OFFICER THAT IT HAD BEEN AWARDED ITEMS 8 AND 9 IN ACCORDANCE WITH ITS BID AND THAT A FORMAL CONTRACT WOULD BE PREPARED EMBODYING THE TERMS OF ITS BID. SINCE THE FORMAL CONTRACT FAILED TO INCORPORATE THE LETTER OF MAY 25, 1950, IT IS APPARENT THAT THE CONTRACT DID NOT EXPRESS THE INTENTION AND UNDERSTANDING OF THE PARTIES WITH REGARD TO THE SPECIFICATIONS FOR THE STOOL. ACCORDINGLY, THIS OFFICE WILL NOT BE REQUIRED TO OBJECT TO THE REFORMATION OF THE CONTRACT TO INCLUDE THE CONTRACTOR'S LETTER OF MAY 25, 1950.

SINCE A DECISION TO THE COMMANDING GENERAL IS NOT AUTHORIZED, THE DECISION IS BEING MADE TO YOU. SEE 26 COMP. GEN. 993.

THE PAPERS FORWARDED TO THIS OFFICE BY THE LETTER OF DECEMBER 11, 1950, ARE TRANSMITTED HEREWITH.