B-118489, MAR 29, 1954
Highlights
PRECIS-UNAVAILABLE THE SECRETARY OF THE AIR FORCE: REFERENCE IS MADE TO A LETTER DATED MARCH 11. RELATIVE TO AN ERROR ALLEGED BY FISHER SCIENTIFIC COMPANY TO HAVE BEEN MADE ON ITEM NO. 4 OF ITS BID ON WHICH UNNUMBERED CONTRACT (PURCHASE ORDER NO. (08-606)54- 983) DATED OCTOBER 5. IS BASED. IT IS REPORTED. IS NOT UNUSUAL IN THE PROCUREMENT OF ITEMS OF THIS NATURE. THE CONTRACTING OFFICER WAS UNDER NO OBLIGATION TO CHECK THE CONTRACTOR'S CATALOG PAGE NUMBER CITED IN ITS BID. THAT THE ACCEPTANCE OF THE BID WAS IN GOOD FAITH. SUCH ERROR WAS DUE SOLELY TO ITS OWN LACK OF PROPER CARE. NOT TO ANY FAILURE OF THE GOVERNMENT TO FURNISH SUFFICIENT INFORMATION AS TO WHAT WAS REQUIRED. ANY ERROR THAT WAS MADE IN THE BID WAS UNILATERAL - NOT MUTUAL - AND THEREFORE DOES NOT ENTITLE THE CONTRACTOR TO RELIEF. 20 COMP.
B-118489, MAR 29, 1954
PRECIS-UNAVAILABLE
THE SECRETARY OF THE AIR FORCE:
REFERENCE IS MADE TO A LETTER DATED MARCH 11, 1954, WITH ENCLOSURES, FROM THE CHIEF, SETTLEMENTS DIVISION, AIR FORCE FINANCE CENTER, FURNISHING THE REPORT REQUESTED IN OFFICE LETTER OF FEBRUARY 2, 1954, RELATIVE TO AN ERROR ALLEGED BY FISHER SCIENTIFIC COMPANY TO HAVE BEEN MADE ON ITEM NO. 4 OF ITS BID ON WHICH UNNUMBERED CONTRACT (PURCHASE ORDER NO. (08-606)54- 983) DATED OCTOBER 5, IS BASED.
THE EVIDENCE OF RECORD WARRANTS THE CONCLUSION THAT THE CONTRACTING OFFICER HAD NO ACTUAL OR CONSTRUCTIVE NOTICE PRIOR TO AWARD OF ANY ERROR IN THE CONTRACTOR'S BID; THAT THE CONTRACTING OFFICER HAD NO REASON TO SUSPECT ANY ERROR IN THE CONTRACTOR'S BID OF $0.54 PER POUND ON ITEM NO. 4, IN VIEW OF THE WIDE VARIATION IN THE FIVE OTHER BIDS - $0.76, $0.94, $1.29, $1.45 AND $1.67 PER POUND - WHICH, IT IS REPORTED, IS NOT UNUSUAL IN THE PROCUREMENT OF ITEMS OF THIS NATURE; THAT INASMUCH AS THE CONTRACTOR PROPOSED, FOR THE PRICE QUOTED, TO FURNISH THE PRODUCT CALLED FOR IN ACCORDANCE WITH SPECIFICATIONS NO. OP-555, THE CONTRACTING OFFICER WAS UNDER NO OBLIGATION TO CHECK THE CONTRACTOR'S CATALOG PAGE NUMBER CITED IN ITS BID, AND THAT THE ACCEPTANCE OF THE BID WAS IN GOOD FAITH. CONSEQUENTLY, THE ACCEPTANCE OF THE BID AS TO ITEM NO. 4 CONSUMMATED A VALID AND BINDING CONTRACT WHICH FIXED THE RIGHTS AND LIABILITIES OF THE PARTIES THERETO. IF THE CONTRACTOR QUOTED ITS CATALOG PRICE FOR THE WRONG SUBSTANCE, AS IT NOW CONTENDS, SUCH ERROR WAS DUE SOLELY TO ITS OWN LACK OF PROPER CARE, OR OVERSIGHT, AND NOT TO ANY FAILURE OF THE GOVERNMENT TO FURNISH SUFFICIENT INFORMATION AS TO WHAT WAS REQUIRED. ANY ERROR THAT WAS MADE IN THE BID WAS UNILATERAL - NOT MUTUAL - AND THEREFORE DOES NOT ENTITLE THE CONTRACTOR TO RELIEF. 20 COMP. GEN. 652, 658; 26 ID. 415; 27 ID. 718 AND AUTHORITIES THEREIN CITED.
ACCORDINGLY, THERE APPEARS NO BASIS FOR RELEASING THE FISHER SCIENTIFIC COMPANY FROM ITS OBLIGATION TO FURNISH THE POTASSIUM FERRICYANIDE IN ACCORDANCE WITH SPECIFICATIONS NO. OP-555, AT THE PRICE SPECIFIED THEREFOR IN THE CONTRACT.