B-135410, MAR. 13, 1958

B-135410: Mar 13, 1958

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TO THE SECRETARY OF THE ARMY: REFERENCE IS MADE TO A LETTER DATED MARCH 3. IS BASED. 333 WAS THE HIGHEST RECEIVED FOR ITEM 22. WAS ACCEPTED AND THE BIDDER NOTIFIED OF THE AWARD ON NOVEMBER 8. THAT NO BID WAS INTENDED FOR ITEM 22. THE NEXT HIGH BID RECEIVED ON ITEM 22 WAS $1. 310 AND THE THIRD HIGH BID WAS $975. THE LOW BID WAS $210.50. 333 WAS MORE IN LINE WITH THE BIDS RECEIVED FOR ITEM 21. WAS MADE. SINCE THE ERROR WAS ALLEGED PROMPTLY AFTER AWARD.

B-135410, MAR. 13, 1958

TO THE SECRETARY OF THE ARMY:

REFERENCE IS MADE TO A LETTER DATED MARCH 3, 1958, WITH ENCLOSURES, FROM THE ASSISTANT SECRETARY OF THE ARMY (LOGISTICS), REQUESTING A DECISION AS TO THE ACTION TO BE TAKEN CONCERNING AN ERROR FRANK TESTA ALLEGES HE MADE IN HIS BID ON WHICH CONTRACT NO. O.I. (S) 30-127-58 249, IS BASED.

BY INVITATION NO. 30-127-S-58-21 THE BELLE MEAD DEPOT ACTIVITY OF SCHENECTADY GENERAL DEPOT, UNITED STATES ARMY, SOMERVILLE, NEW JERSEY, REQUESTED BIDS--- TO BE OPENED OCTOBER 31, 1957--- FOR THE PURCHASE AND REMOVAL OF CERTAIN GOVERNMENT-OWNED PROPERTY. FRANK TESTA'S BID OF $3,333 WAS THE HIGHEST RECEIVED FOR ITEM 22, COVERING A SCRAPER, AND WAS ACCEPTED AND THE BIDDER NOTIFIED OF THE AWARD ON NOVEMBER 8, 1957. BY LETTER OF NOVEMBER 11, 1957, THE CONTRACTOR ADVISED THE CONTRACTING OFFICER THAT HE HAD MADE AN ERROR IN THAT HE HAD INTENDED TO BID ON ITEM 21, COVERING A TRACTOR, AND THAT NO BID WAS INTENDED FOR ITEM 22. THE CONTRACTOR HAS FURNISHED HIS WORKSHEETS DEFINITELY ESTABLISHING HIS INTEREST IN ITEM 21. THE NEXT HIGH BID RECEIVED ON ITEM 22 WAS $1,310 AND THE THIRD HIGH BID WAS $975. THE LOW BID WAS $210.50. FURTHERMORE, THE CONTRACTOR'S BID OF $3,333 WAS MORE IN LINE WITH THE BIDS RECEIVED FOR ITEM 21.

THE EVIDENCE OF RECORD LEAVES NO DOUBT BUT THAT AN ERROR, IN FACT, WAS MADE. IN THE CIRCUMSTANCES, AND SINCE THE ERROR WAS ALLEGED PROMPTLY AFTER AWARD, THE CONTRACT SHOULD BE CANCELED WITHOUT LIABILITY TO THE CONTRACTOR.