B-124157, JUN. 20, 1955

B-124157: Jun 20, 1955

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TO THE HONORABLE SECRETARY OF THE ARMY: REFERENCE IS MADE TO YOUR LETTER OF MAY 31. IS BASED. A TABULATION SHOWS THAT THE TWO OTHER BIDS ON ITEM 1 WERE $288.88 AND $101. AWARD OF ITEM 1 WAS MADE ON MR. SARTOR'S BID AND NOTICE THEREOF WAS FORWARDED ON JANUARY 19. SARTOR ALLEGED THAT AFTER RECEIPT OF THE NOTICE OF AWARD HE RETURNED TO RED RIVER ARSENAL TO DETERMINE THE TYPE OF VEHICLE REQUIRED TO REMOVE THE MATERIALS AND AT THAT TIME LEARNED THAT THE MATERIALS INSPECTED BY HIM AS THE BASIS FOR HIS BID WERE THOSE TO BE SOLD AS ITEM 1 OF INVITATION NO. 41-117-S-55 18. THAT HE THEN FOR THE FIRST TIME WAS DIRECTED TO AND INSPECTED THE MATERIALS AWARDED TO HIM AS ITEM 1 OF INVITATION NO. 41-117-S-55 17.

B-124157, JUN. 20, 1955

TO THE HONORABLE SECRETARY OF THE ARMY:

REFERENCE IS MADE TO YOUR LETTER OF MAY 31, 1955, WITH ENCLOSURES, REQUESTING A DECISION AS TO THE ACTION TO BE TAKEN WITH RESPECT TO AN ERROR WHICH MR. C. S. SARTOR ALLEGES HE MADE IN HIS BID ON WHICH CONTRACT NO. DA/S/41-117-AIV-1722 DATED JANUARY 19, 1955, IS BASED.

BY INVITATION NO. 41-117-S-55-17 DATED DECEMBER 28, 1954, THE SALVAGE BRANCH, RED RIVER ARSENAL, TEXARKANA, TEXAS, REQUESTED BIDS FOR THE PURCHASE FROM THE GOVERNMENT OF THE MATERIALS LISTED UNDER ITEMS 1 TO 90, INCLUSIVE. ITEM 1 CONSISTED OF A MISCELLANEOUS COLLECTION OF EQUIPMENT, TOOLS PARTS, MOTORS AND OTHER ITEMS STATED TO BE TOO NUMEROUS TO LIST, THE ESTIMATED ACQUISITION COST BEING $4,320. IN RESPONSE TO THE INVITATION, MR. C. S. SARTOR SUBMITTED A BID IN WHICH HE QUOTED A PRICE OF $535 FOR ITEM 1. A TABULATION SHOWS THAT THE TWO OTHER BIDS ON ITEM 1 WERE $288.88 AND $101, RESPECTIVELY. AWARD OF ITEM 1 WAS MADE ON MR. SARTOR'S BID AND NOTICE THEREOF WAS FORWARDED ON JANUARY 19, 1955.

BY LETTER OF JANUARY 24, 1955, MR. SARTOR ALLEGED THAT AFTER RECEIPT OF THE NOTICE OF AWARD HE RETURNED TO RED RIVER ARSENAL TO DETERMINE THE TYPE OF VEHICLE REQUIRED TO REMOVE THE MATERIALS AND AT THAT TIME LEARNED THAT THE MATERIALS INSPECTED BY HIM AS THE BASIS FOR HIS BID WERE THOSE TO BE SOLD AS ITEM 1 OF INVITATION NO. 41-117-S-55 18, AND THAT HE THEN FOR THE FIRST TIME WAS DIRECTED TO AND INSPECTED THE MATERIALS AWARDED TO HIM AS ITEM 1 OF INVITATION NO. 41-117-S-55 17. MR. SARTOR ASSERTED THAT THE BID IN QUESTION WAS HIS FIRST VENTURE IN THE PURCHASE OF GOVERNMENT PROPERTY AND THAT THE MATERIALS AWARDED WERE OF NO VALUE TO HIM. HE REQUESTED THAT THE AWARD BE CANCELED.

IN LETTER OF JANUARY 26, 1955, THE PROPERTY DISPOSAL AGENT, RED RIVER ARSENAL, INDICATED THAT THE MATERIALS COVERED BY BOTH INVITATIONS NOS. 41- 117-S-55-17 AND 41-117-S-55-18 WERE SPOTTED IN THE STORAGE YARD AT THE TIME PROSPECTIVE BIDDERS WERE INSPECTING THE MATERIALS PREPARATORY TO SUBMITTING BIDS ON THE FIRST NUMBERED INVITATION AND THAT "IT WAS POSSIBLE FOR THIS NEW BUYER TO BECOME CONFUSED.'

WHILE A COPY OF INVITATION NO. 41-117-S-55-18 WAS NOT INCLUDED IN THE ENCLOSURES WITH YOUR LETTER, IN THE FIRST INDORSEMENT OF FEBRUARY 1, 1955, THE ASSISTANT ADJUTANT GENERAL, FOURTH ARMY, STATED THAT ITEM 1 OF EACH OF THE INVITATIONS LISTS THE SAME ITEMS, SAME QUANTITIES WITH THE SAME ACQUISITION COST. HOWEVER, IN THE SECOND INDORSEMENT OF FEBRUARY 4, 1955, RED RIVER ARSENAL REPORTED THAT THE MATERIALS COVERED BY ITEM 1 OF INVITATION 41-117-S-55-17 HAD BEEN EXPOSED TO THE WEATHER WHILE THE MATERIALS UNDER ITEM 1 OF INVITATION NO. 41-117-S-55 18 HAD BEEN IN COVERED STORAGE. ALSO, IT WAS STATED THAT THE HIGHEST BID FOR ITEM 1 OF THE LATTER INVITATION WAS $421.21.

FROM THE ABOVE IT IS APPARENT THAT MR. SARTOR'S BID WAS MORE IN LINE WITH THE HIGHEST BID ON ITEM 1 OF INVITATION NO. 44-117-S-55-18 THAN WITH THE OTHER BIDS RECEIVED ON ITEM 1 OF INVITATION NO. 44-117-S-55 17. FURTHERMORE, THE CIRCUMSTANCES INDICATE THAT MR. SARTOR PROBABLY WAS NOT SOLELY RESPONSIBLE FOR THE ERROR. ACCORDINGLY, AND SINCE THE ERROR WAS ALLEGED AND EXPLAINED PROMPTLY AFTER RECEIPT OF THE NOTICE OF AWARD, CONTRACT NO. DA/S/41-117-AIV-1722 MAY BE CANCELLED ..END :