B-117209, NOV 24, 1953

B-117209: Nov 24, 1953

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TO HAVE BEEN MADE IN ITS BID ON WHICH CONTRACT NO. AF 09(603)-30343 WAS AWARDED. THE CONTRACTING OFFICER IS NOT ENTITLED TO A DECISION. 26 COMP. IT IS BEING RENDERED TO YOU. THE CONTRACTING OFFICER WAS ON NOTICE OF THE PROBABILITY OF ERROR PRIOR TO AWARD SINCE THE BID OF THE RANDALL MANUFACTURING COMPANY. WAS OUT OF LINE WITH THE FIVE OTHER BIDS RECEIVED AND SINCE A SMALLER QUANTITY OF THE CLEANER PARTS PREVIOUSLY WAS PROCURED AT A MUCH HIGHER UNIT PRICE. THE CORPORATION ALLEGED THAT AN ERROR HAD BEEN MADE IN ITS BID AND THAT THE INTENDED BID WAS $1. BY THIS OFFICE - THE CONTRACT MAY BE AMENDED IF IT BE DETERMINED THAT THE INTENDED BID PRICE IS REASONABLE. ARE FORWARDED HEREWITH.

B-117209, NOV 24, 1953

PRECIS-UNAVAILABLE

THE SECRETARY OF THE AIR FORCE:

THERE HAS BEEN RECEIVED A LETTER DATED SEPTEMBER 28, 1953, WITH ENCLOSURES, FROM THE CONTRACTING OFFICER, HEADQUARTERS, WARNER ROBINS AIR MATERIEL AREA, ROBINS AIR FORCE BASE, GEORGIA, REQUESTING A DECISION WITH RESPECT TO AN ERROR ALLEGED BY THE RANDALL MANUFACTURING COMPANY, INC., TO HAVE BEEN MADE IN ITS BID ON WHICH CONTRACT NO. AF 09(603)-30343 WAS AWARDED.

SINCE THE CONTRACT HAS BEEN AWARDED, THE CONTRACTING OFFICER IS NOT ENTITLED TO A DECISION. 26 COMP. GEN. 993; AND 28 ID. 401. HOWEVER, SINCE A PROMPT DECISION APPEARS DESIRABLE IN THE MATTER, IT IS BEING RENDERED TO YOU.

THE CONTRACTING OFFICER WAS ON NOTICE OF THE PROBABILITY OF ERROR PRIOR TO AWARD SINCE THE BID OF THE RANDALL MANUFACTURING COMPANY, INC., WAS OUT OF LINE WITH THE FIVE OTHER BIDS RECEIVED AND SINCE A SMALLER QUANTITY OF THE CLEANER PARTS PREVIOUSLY WAS PROCURED AT A MUCH HIGHER UNIT PRICE. RESPONSE TO THE REQUEST OF THE CONTRACTING OFFICER TO VERIFY ITS BID, THE CORPORATION ALLEGED THAT AN ERROR HAD BEEN MADE IN ITS BID AND THAT THE INTENDED BID WAS $1,477.

ACCORDINGLY, SINCE A COST-ANALYSIS SHEET HAS BEEN FURNISHED BY THE CORPORATION TO SHOW ITS INTENDED BID - AND THE AWARD HAVING BEEN MADE SUBJECT TO CORRECTION, IF AUTHORIZED, BY THIS OFFICE - THE CONTRACT MAY BE AMENDED IF IT BE DETERMINED THAT THE INTENDED BID PRICE IS REASONABLE.

A REFERENCE TO THIS DECISION SHOULD BE MADE ON THE CONTRACT OR VOUCHERS COVERING PAYMENT THEREUNDER.

THE PAPERS, WITH THE EXCEPTION OF THE CONTRACTING OFFICER'S STATEMENT, AND A COPY OF THE RANDALL MANUFACTURING COMPANY, INC., LETTER OF JUNE 5, 1953, AND COST-ANALYSIS SHEET, ARE FORWARDED HEREWITH.