B-132846, AUG. 13, 1957

B-132846: Aug 13, 1957

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SOIL CONSERVATION SERVICE: REFERENCE IS MADE TO YOUR LETTER OF AUGUST 6. ALLEGES WAS MADE IN ITS BID OPENED ON JULY 30. BIDS WERE REQUESTED FOR FURNISHING TWO GASOLINE POWERED 4-WHEEL FARM TYPE TRACTORS. 075 FOR THE TRACTORS WAS ERRONEOUS IN THAT IT WAS BASED ON FURNISHING ONLY ONE TRACTOR. THAT "2 EA" APPEARING IN THE QUANTITY COLUMN WAS OVERLOOKED BY THE COMPANY. THAT ITS BID PRICE FOR THE TRACTORS SHOULD HAVE BEEN TWICE THE AMOUNT QUOTED OR $4. IT IS APPARENT THAT THE LEWIS FRY TRACTOR COMPANY INTENDED ITS BID PRICE TO BE FOR A SINGLE TRACTOR ONLY. IT IS NOTED FROM THE LETTER OF JULY 30. IN WHICH THE COMPANY WAS REQUESTED TO CONFIRM ITS BID PRICE. THAT THE COMPANY WAS NOT ADVISED THAT.

B-132846, AUG. 13, 1957

TO MR. ERNEST C. SHILLINBURG, ACTING STATE ADMINISTRATIVE OFFICER, SOIL CONSERVATION SERVICE:

REFERENCE IS MADE TO YOUR LETTER OF AUGUST 6, 1957, WITH ENCLOSURES, REQUESTING A DECISION AS TO THE ACTION TO BE TAKEN CONCERNING AN ERROR WHICH THE LEWIS FRY TRACTOR COMPANY, MCKINNEY, TEXAS, ALLEGES WAS MADE IN ITS BID OPENED ON JULY 30, 1957.

BY INVITATION NO. SCS-5-TK-58, BIDS WERE REQUESTED FOR FURNISHING TWO GASOLINE POWERED 4-WHEEL FARM TYPE TRACTORS. IN RESPONSE THE LEWIS FRY TRACTOR COMPANY SUBMITTED A BID DATED JULY 27, 1957, OFFERING TO FURNISH TWO FORD MODEL 860 TRACTORS FOR THE LUMP SUM OF $2,075. THE ONLY OTHER BID ON THE TRACTOR SPECIFIED A LUMP SUM PRICE OF $4,578.76.

UPON BEING REQUESTED BY LETTER DATED JULY 30, 1957, TO VERIFY ITS BID PRICE, THE LEWIS FRY TRACTOR COMPANY ADVISED BY LETTERS DATED AUGUST 2 AND 5, 1957, THAT ITS BID PRICE OF $2,075 FOR THE TRACTORS WAS ERRONEOUS IN THAT IT WAS BASED ON FURNISHING ONLY ONE TRACTOR; THAT "2 EA" APPEARING IN THE QUANTITY COLUMN WAS OVERLOOKED BY THE COMPANY; AND THAT ITS BID PRICE FOR THE TRACTORS SHOULD HAVE BEEN TWICE THE AMOUNT QUOTED OR $4,150.

ON THE BASIS OF THE RECORD, IT IS APPARENT THAT THE LEWIS FRY TRACTOR COMPANY INTENDED ITS BID PRICE TO BE FOR A SINGLE TRACTOR ONLY. IT IS NOTED FROM THE LETTER OF JULY 30, 1957, IN WHICH THE COMPANY WAS REQUESTED TO CONFIRM ITS BID PRICE, THAT THE COMPANY WAS NOT ADVISED THAT, IF THE COMPANY SHOULD ALLEGE THAT AN ERROR WAS MADE IN ITS BID, IT SHOULD SUBMIT EVIDENCE IN SUPPORT THEREOF, SUCH AS A PRINTED PRICE LIST. ACCORDINGLY, THE COMPANY SHOULD BE REQUESTED TO SUBMIT EITHER ITS PRINTED PRICE LIST OR THE MANUFACTURER'S PRICE LIST AND, IF IT BE ADMINISTRATIVELY DETERMINED FROM SUCH PRICE LIST THAT THE COMPANY'S BID PRICE ACTUALLY REPRESENTS THE PRICE FOR ONE TRACTOR, THE COMPANY'S BID PRICE OF $2,075 MAY BE CONSIDERED AS THE PRICE FOR ONE TRACTOR AND AN AWARD MAY BE MADE ON SUCH BASIS; OTHERWISE, THE BID OF THE COMPANY SHOULD BE DISREGARDED.

IN THE EVENT THAT AN AWARD IS MADE TO THE LEWIS FRY TRACTOR COMPANY, A REFERENCE TO THIS DECISION SHOULD BE MADE ON THE CONTRACT.