B-133858, NOV. 20, 1957

B-133858: Nov 20, 1957

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TO THE SECRETARY OF THE ARMY: REFERENCE IS MADE TO LETTER DATED NOVEMBER 1. TO HAVE BEEN MADE IN A QUOTATION WHICH IS THE BASIS OF PURCHASE ORDER NO. 28-043-58-6669. " THE QUANTITY WAS LISTED AS 12 AND THE UNIT WAS PER PACKAGE. THE PRICE QUOTED FOR ITEM 1 WAS $0.50 PER PACKAGE. WAS ISSUED TO KISLIN'S FOR ITEM 1 AND THREE OTHER ITEMS ON WHICH IT WAS THE LOW BIDDER. THAT THROUGH INADVERTENCE THE PRICE OF $0.50 QUOTED FOR ITEM 1 SHOULD HAVE BEEN PER DART RATHER THAN FOR A PACKAGE OF 12 DARTS AND THAT. THE VENDOR ALLEGES THAT THE INTENDED PRICE WAS TAKEN FROM THE CATALOG OF THE RAWLINGS SPORTING GOODS COMPANY. ON THE BASIS OF THE FACTS AND EVIDENCE OF RECORD THERE APPEARS NO DOUBT THAT AN ERROR WAS MADE IN THE BID AS ALLEGED.

B-133858, NOV. 20, 1957

TO THE SECRETARY OF THE ARMY:

REFERENCE IS MADE TO LETTER DATED NOVEMBER 1, 1957, FROM THE DEPUTY ASSISTANT SECRETARY (LOGISTICS), FURNISHING A REPORT RELATIVE TO AN ERROR ALLEGED BY KISLIN-S, RED BANK, NEW JERSEY, TO HAVE BEEN MADE IN A QUOTATION WHICH IS THE BASIS OF PURCHASE ORDER NO. 28-043-58-6669, DATED AUGUST 2, 1957.

THE PURCHASING AND CONTRACTING DIVISION, FORT MONMOUTH, NEW JERSEY, ON JULY 22, 1957, ISSUED AN "INFORMAL REQUEST FOR QUOTATION" ON SEVERAL ITEMS OF ATHLETIC SUPPLIES AND EQUIPMENT. ITEM NO. 1 COVERED "DART AERIAL TENNIS, 12 TO A PACKAGE," THE QUANTITY WAS LISTED AS 12 AND THE UNIT WAS PER PACKAGE.

IN RESPONSE TO THE REQUEST, KISLIN'S SUBMITTED A QUOTATION DATED JULY 22, 1957, OFFERING TO FURNISH THE ITEMS FOR THE PRICES SET FORTH THEREIN. THE PRICE QUOTED FOR ITEM 1 WAS $0.50 PER PACKAGE. ON AUGUST 2, 1957, PURCHASE ORDER (STANDARD FORM DD 1155) NO. 28-043-58-6669, WAS ISSUED TO KISLIN'S FOR ITEM 1 AND THREE OTHER ITEMS ON WHICH IT WAS THE LOW BIDDER. BY LETTER DATED AUGUST 12, 1957, KISLIN'S ACKNOWLEDGED RECEIPT OF THE PURCHASE ORDER AND STATED THAT THEY WOULD FURNISH ITEMS 2, 3 AND 4 AS SPECIFIED, THAT THROUGH INADVERTENCE THE PRICE OF $0.50 QUOTED FOR ITEM 1 SHOULD HAVE BEEN PER DART RATHER THAN FOR A PACKAGE OF 12 DARTS AND THAT, THEREFORE, THEY WOULD OMIT THIS ITEM UNLESS ADVISED TO THE CONTRARY. THE VENDOR ALLEGES THAT THE INTENDED PRICE WAS TAKEN FROM THE CATALOG OF THE RAWLINGS SPORTING GOODS COMPANY, PAGE 76, ITEM AT6 (FW 861) AT 90 CENTS EACH RETAIL AND 45 CENTS EACH WHOLESALE.

ON THE BASIS OF THE FACTS AND EVIDENCE OF RECORD THERE APPEARS NO DOUBT THAT AN ERROR WAS MADE IN THE BID AS ALLEGED. IN THE CIRCUMSTANCES AND SINCE ERROR WAS ALLEGED AND EXPLAINED PROMPTLY UPON RECEIPT, THE PURCHASE ORDER MAY BE AMENDED TO DELETE ITEM 1 AS RECOMMENDED BY THE CONTRACTING OFFICER.

A REFERENCE TO THIS DECISION SHOULD BE MADE ON THE AMENDMENT TO THE PURCHASE ORDER.