B-120178, JUN 4, 1954

B-120178: Jun 4, 1954

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PRECIS-UNAVAILABLE THE SECRETARY OF THE AIR FORCE: REFERENCE IS MADE TO A LETTER DATED MAY 19. STEGER TO HAVE BEEN MADE IN HIS BID DATED MAY 11. THE CONTRACTING OFFICER IS NOT ENTITLED TO A DECISION. THE DECISION IS BEING ADDRESSED TO YOU. 345 WAS MUCH LOWER THAN THE SIX OTHER BIDS WHICH RANGED FROM $19. THE BIDDER WAS REQUESTED TO VERIFY HIS BID. HE HAS NOT ESTABLISHED WHAT HIS BID WOULD HAVE BEEN BUT FOR THE ERROR. SINCE THE ERROR WAS ALLEGED PRIOR TO AWARD - WHICH AWARD WAS SUBJECT TO CORRECTION BY THE GENERAL ACCOUNTING OFFICE - THE AWARD SHOULD BE CANCELED WITHOUT LIABILITY TO MR. ARE RETURNED HEREWITH.

B-120178, JUN 4, 1954

PRECIS-UNAVAILABLE

THE SECRETARY OF THE AIR FORCE:

REFERENCE IS MADE TO A LETTER DATED MAY 19, 1954, AND ENCLOSURES, FROM FIRST LIEUTENANT R.H. COCHRAN, CONTRACTING OFFICER, RANDOLPH AIR FORCE BASE, RANDOLPH FIELD, TEXAS, REQUESTING A DECISION AS TO THE ACTION TO BE TAKEN WITH RESPECT TO AN ERROR ALLEGED BY F.K. STEGER TO HAVE BEEN MADE IN HIS BID DATED MAY 11, 1954, SUBMITTED IN RESPONSE TO INVITATION NO. 41-606 -54-34.

SINCE AWARD HAS BEEN MADE IN THE PRESENT CASE, THE CONTRACTING OFFICER IS NOT ENTITLED TO A DECISION. SEE 26 COMP. GEN. 993; AND 28 ID. 401. HOWEVER, SINCE A PROMPT DECISION APPEARS NECESSARY, THE DECISION IS BEING ADDRESSED TO YOU.

SINCE THE BID OF MR. STEGER IN THE AMOUNT OF $10,345 WAS MUCH LOWER THAN THE SIX OTHER BIDS WHICH RANGED FROM $19,661 TO $33,000 AND, ALSO, $4,200 LOWER THAN THE GOVERNMENT'S ESTIMATE, THE BIDDER WAS REQUESTED TO VERIFY HIS BID. BY LETTER DATED MAY 14, 1954, MR. STEGER ADVISED THAT HE HAD MADE AN ERROR OF $7,192 IN THAT HIS BID DID NOT TAKE INTO CONSIDERATION THE EXPLOSION PROOF FIXTURES IN THE ELECTRICAL PORTION OF HIS BID. SUPPORT OF HIS ALLEGATION OF ERROR, MR. STEGER FURNISHED HIS WORKSHEET WHICH SHOWS ONLY $765 FOR "INSTALLING ADDITIONAL LIGHTING."

ON THE BASIS OF THE EVIDENCE OF RECORD, THERE APPEARS TO BE NO DOUBT THAT MR. STEGER MADE AN ERROR IN HIS BID, AS ALLEGED. HOWEVER, HE HAS NOT ESTABLISHED WHAT HIS BID WOULD HAVE BEEN BUT FOR THE ERROR. ACCORDINGLY, SINCE THE ERROR WAS ALLEGED PRIOR TO AWARD - WHICH AWARD WAS SUBJECT TO CORRECTION BY THE GENERAL ACCOUNTING OFFICE - THE AWARD SHOULD BE CANCELED WITHOUT LIABILITY TO MR. STEGER, IT BEING UNDERSTOOD THAT WORK HAS NOT BEEN COMMENCED UNDER THE AWARD.

A REFERENCE TO THIS DECISION SHOULD BE MADE ON THE VOUCHER COVERING PAYMENT FOR THE WORK INVOLVED.

THE PAPERS, WITH THE EXCEPTION OF MR. STEGER'S LETTER OF MAY 14, 1954, A COPY OF HIS WORKSHEET, THE CONTRACTING OFFICER'S STATEMENT OF MAY 19, 1954, AND A COPY OF THE ABSTRACT OF BIDS, ARE RETURNED HEREWITH.