B-121786, OCT 21, 1954

B-121786: Oct 21, 1954

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V. HIGLEY: I HAVE YOUR LETTER OF OCTOBER 15. WILLIE LORMAND TO HAVE BEEN MADE IN HIS BID OPENED ON OCTOBER 5. THE EXTENDED PRICE SHOWN IN THE BID INDICATES THAT THE UNIT PRICE IS PER CAN RATHER THAN PER DOZEN. LORMAND WAS REQUESTED BY TELEGRAM DATED OCTOBER 7. LORMAND ADVISED THAT THE UNIT PRICE OF $0.1408 WAS PER CAN OR $1.6896 PER DOZEN AND THAT THE GUARANTEED SHIPPING WEIGHT SHOULD HAVE BEEN 56 POUNDS PER CASE. THERE IS NO DOUBT THAT THE UNIT PRICE OF $0.1408 WAS INTENDED AS PER CAN. IT APPEARS THAT THE GUARANTEED SHIPPING WEIGHT SHOULD HAVE BEEN BETWEEN 54 AND 56-1/2 POUNDS PER CASE. IN THE EVENT AWARD IS MADE TO MR. THE PAPERS ARE RETURNED HEREWITH.

B-121786, OCT 21, 1954

PRECIS-UNAVAILABLE

H. V. HIGLEY:

I HAVE YOUR LETTER OF OCTOBER 15, 1954, WITH ENCLOSURES, REQUESTING DECISION AS TO THE ACTION THAT SHOULD BE TAKEN WITH RESPECT TO AN ERROR ALLEGED BY MR. WILLIE LORMAND TO HAVE BEEN MADE IN HIS BID OPENED ON OCTOBER 5, 1954.

THE PROCUREMENT DIVISION, SUPPLY SERVICE, WASHINGTON, D. C., BY INVITATION NO. S-151 REQUESTED BIDS FOR FURNISHING 41,500 DOZEN NO. 2 1/2 CANS OF CANNED SWEET POTATOES PACKED 24 CANS TO A CASE. THE INVITATION REQUIRED BIDDERS, QUOTING F. O. B. ORIGIN, TO SPECIFY A GUARANTEED MAXIMUM SHIPPING WEIGHT PER CASE. IN RESPONSE TO THE INVITATION, MR. LORMAND SUBMITTED A BID DATED SEPTEMBER 30, 1954, GUARANTEEING THE MAXIMUM SHIPPING WEIGHT AS 43.5 POUNDS PER CASE AND OFFERING TO FURNISH THE CANNED SWEET POTATOES F. O. B. ORIGIN FOR A UNIT PRICE OF $0.1408 PER DOZEN. HOWEVER, THE EXTENDED PRICE SHOWN IN THE BID INDICATES THAT THE UNIT PRICE IS PER CAN RATHER THAN PER DOZEN.

MR. LORMAND WAS REQUESTED BY TELEGRAM DATED OCTOBER 7, 1954, TO VERIFY HIS BID PRICE PER CAN AND THE GUARANTEED SHIPPING WEIGHT, SINCE ALL THE BIDDERS' GUARANTEED SHIPPING WEIGHT RANGED FROM 54 TO 56-1/2 POUNDS PER CASE. BY TELEGRAM OF THE SAME DATE, MR. LORMAND ADVISED THAT THE UNIT PRICE OF $0.1408 WAS PER CAN OR $1.6896 PER DOZEN AND THAT THE GUARANTEED SHIPPING WEIGHT SHOULD HAVE BEEN 56 POUNDS PER CASE.

ON THE BASIS OF THE FACTS AND EVIDENCE OF RECORD, THERE IS NO DOUBT THAT THE UNIT PRICE OF $0.1408 WAS INTENDED AS PER CAN. ALSO, IT APPEARS THAT THE GUARANTEED SHIPPING WEIGHT SHOULD HAVE BEEN BETWEEN 54 AND 56-1/2 POUNDS PER CASE. ACCORDINGLY, THE BID OF MR. LORMAND MAY BE CORRECTED TO PROVIDE FOR A PRICE OF $1.6896 PER DOZEN AND A GUARANTEED MAXIMUM SHIPPING WEIGHT OF 56 POUNDS PER CASE. THE BID, AS SO CORRECTED, MAY BE CONSIDERED FOR AWARD ALONG WITH THE OTHER BIDS RECEIVED.

IN THE EVENT AWARD IS MADE TO MR. WILLIE LORMAND, A REFERENCE TO THIS DECISION SHOULD BE MADE ON THE CONTRACT.

THE PAPERS ARE RETURNED HEREWITH.