B-117260, DEC 28, 1953

B-117260: Dec 28, 1953

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PRECIS-UNAVAILABLE THE SECRETARY OF THE AIR FORCE: REFERENCE IS MADE TO A LETTER OF DECEMBER 14. WHEREIN IT WAS ALLEGED THAT AN ERROR WAS MADE IN QUOTING ON ITEM 2 OF THE COMPANY'S BID DATED MARCH 25. ON WHICH PURCHASE ORDER NO. (65-501)53-1782 WAS ISSUED. THE CONTRACTING OFFICER HAD STATED THAT HE WAS NOT ON NOTICE OF ANY ERROR IN THE BID PRIOR TO AWARD. SINCE THE BID ON ITEM 2 WAS ENTIRELY IN LINE WITH THE OTHER BIDS SUBMITTED IT CANNOT BE SAID THAT THE CONTRACTING OFFICER WAS ON CONSTRUCTIVE NOTICE OF ERROR. THE BID WAS ACCEPTED IN GOOD FAITH NO ERROR HAVING BEEN ALLEGED UNTIL SEVERAL MONTHS AFTER AWARD AND DELIVERIES UNDER THE CONTRACT COMPLETED. ARE RETURNED HEREWITH.

B-117260, DEC 28, 1953

PRECIS-UNAVAILABLE

THE SECRETARY OF THE AIR FORCE:

REFERENCE IS MADE TO A LETTER OF DECEMBER 14, 1953, WITH ENCLOSURES, FROM THE OFFICE, DEPUTY DIRECTOR OF FINANCE, DEPARTMENT OF THE AIR FORCE, CONCERNING A LETTER OF SEPTEMBER 26, 1953, FROM MG ELECTRICAL EQUIPMENT COMPANY, WHEREIN IT WAS ALLEGED THAT AN ERROR WAS MADE IN QUOTING ON ITEM 2 OF THE COMPANY'S BID DATED MARCH 25, 1953, ON WHICH PURCHASE ORDER NO. (65-501)53-1782 WAS ISSUED.

THE CONTRACTING OFFICER HAD STATED THAT HE WAS NOT ON NOTICE OF ANY ERROR IN THE BID PRIOR TO AWARD, AND SINCE THE BID ON ITEM 2 WAS ENTIRELY IN LINE WITH THE OTHER BIDS SUBMITTED IT CANNOT BE SAID THAT THE CONTRACTING OFFICER WAS ON CONSTRUCTIVE NOTICE OF ERROR. THUS, THE BID WAS ACCEPTED IN GOOD FAITH NO ERROR HAVING BEEN ALLEGED UNTIL SEVERAL MONTHS AFTER AWARD AND DELIVERIES UNDER THE CONTRACT COMPLETED. SUCH ACCEPTANCE GAVE RISE TO A VALID CONTRACT WHICH FIXED THE RIGHTS AND LIABILITIES OF THE PARTIES THERETO AND NEITHER THIS OFFICE NOR ANY OFFICER OF THE GOVERNMENT CAN GIVE AWAY THE RIGHTS WHICH VESTED IN THE GOVERNMENT UNDER SUCH A CONTRACT.

ACCORDINGLY, I FIND NO LEGAL BASIS FOR GRANTING THE RELIEF REQUESTED.

THE PAPERS, WITH THE EXCEPTION OF THE STATEMENT OF THE CONTRACTING OFFICER DATED NOVEMBER 23, 1953, AND A COPY OF THE ABSTRACT OF BIDS, ARE RETURNED HEREWITH.