B-135324, MAR. 11, 1958

B-135324: Mar 11, 1958

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TO THE SECRETARY OF AGRICULTURE: REFERENCE IS MADE TO A LETTER OF FEBRUARY 18. THE DECISION IS BEING ADDRESSED TO YOU. BY THE REFERRED-TO INVITATION BIDS WERE REQUESTED. SUBMITTED A BID WHICH WAS ACCEPTED AS TO ITEMS A. THE CONTRACTOR'S BID WAS ACCEPTED ON THE BASIS OF A BID PRICE OF $4.12 PER DOZEN NO. 2 CANS WITH NET WEIGHT CONTENTS OF 28 OZ. CANS AND WHEN THEY WERE ADVISED OF THE SHORTAGE THEY PROTESTED VERBALLY THAT THEIR CLERK HAD ERRONEOUSLY SPECIFIED 28 OZ. THE CONTRACTING OFFICER HAS STATED THAT HE SHOULD HAVE BEEN ON NOTICE OF THE PROBABILITY OF ERROR IN THE BID AS TO ITEM M AND. SHOULD NOT HAVE MADE THE AWARD WITHOUT REQUESTING U.R.M. THERE IS LITTLE DOUBT THAT THE CONTRACTOR MADE A BONA FIDE ERROR IN ITS BID AS A RESULT OF ITS DESIGNATION OF A28 OZ.

B-135324, MAR. 11, 1958

TO THE SECRETARY OF AGRICULTURE:

REFERENCE IS MADE TO A LETTER OF FEBRUARY 18, 1958, FROM THE CONTRACTING OFFICER, FOREST SERVICE, NORTHERN REGION, MISSOULA, MONTANA, REQUESTING A DECISION AS TO THE DISPOSITION OF THE ALLEGATION OF ERROR IN BID MADE BY U.R.M. STORES, INC., SPOKANE, WASHINGTON, ON ITEM M OF INVITATION FOR BIDS NO. 5014-58, ISSUED DECEMBER 23, 1957.

SINCE AN AWARD HAS BEEN MADE IN THIS CASE, THE DECISION IS BEING ADDRESSED TO YOU. SEE 26 COMP. GEN. 993; 28 ID. 401.

BY THE REFERRED-TO INVITATION BIDS WERE REQUESTED--- TO BE OPENED JANUARY 20, 1958--- FOR FURNISHING VARIOUS ITEMS OF CANNED GOODS. IN RESPONSE, U.R.M. STORES, INC., SUBMITTED A BID WHICH WAS ACCEPTED AS TO ITEMS A, M, AND U ON JANUARY 27, 1958. AS TO ITEM M, THE CONTRACTOR'S BID WAS ACCEPTED ON THE BASIS OF A BID PRICE OF $4.12 PER DOZEN NO. 2 CANS WITH NET WEIGHT CONTENTS OF 28 OZ. EACH. THE FIRM, HOWEVER, DELIVERED 24 OZ. CANS AND WHEN THEY WERE ADVISED OF THE SHORTAGE THEY PROTESTED VERBALLY THAT THEIR CLERK HAD ERRONEOUSLY SPECIFIED 28 OZ. CANS INSTEAD OF 24 OZ. CANS AND THAT THEY DO NOT HANDLE A 28 OZ. SIZE.

AN EXAMINATION OF THE BID COMPARISON SHEET FOR THE ITEM IN QUESTION SHOWS THAT THREE OTHER BIDDERS BID $4.21, $5.098 AND $6.189 PER DOZEN CANS AND THAT EACH OF THE THREE SPECIFIED A 24 OZ. PER CAN CONTENT. IN VIEW OF SUCH FACT, THE CONTRACTING OFFICER HAS STATED THAT HE SHOULD HAVE BEEN ON NOTICE OF THE PROBABILITY OF ERROR IN THE BID AS TO ITEM M AND, THEREFORE, SHOULD NOT HAVE MADE THE AWARD WITHOUT REQUESTING U.R.M. STORES, INC., TO VERIFY ITS BID. WE AGREE WITH THE CONCLUSION OF THE CONTRACTING OFFICER IN THE MATTER.

IN VIEW OF THE FOREGOING, THERE IS LITTLE DOUBT THAT THE CONTRACTOR MADE A BONA FIDE ERROR IN ITS BID AS A RESULT OF ITS DESIGNATION OF A28 OZ. PER CAN CONTENT FOR ITEM M. ACCORDINGLY, PAYMENT THEREFOR IS AUTHORIZED TO BE MADE FOR THE DELIVERY OF 200 DOZEN CANS OF 24 OZ. EACH AT THE STIPULATED CONTRACT PRICE OF $4.12 PER DOZEN CANS, AS REQUESTED, WHICH PRICE REMAINS LOWER THAN THAT OF THE NEXT LOWEST BIDDER.

A REFERENCE TO THIS DECISION SHOULD BE MADE ON THE VOUCHER COVERING SUCH PAYMENT.