B-136928, AUG. 1, 1958

B-136928: Aug 1, 1958

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WAS AWARDED SEVERAL OF THE ADVERTISED ITEMS. THE AMOUNTS OF THE OTHER BIDS RECEIVED ON THESE ITEMS WERE: CHART BIDDER NO. "IN THE TRADE THE FAIRBANKS MORSE 38D8-1/8 OP DIESEL ENGINE IS A TEN CYLINDER ENGINE. " WHICH IS AN ENGINE OF WIDE COMMERCIAL USAGE. WHEREAS THE PRODUCT AS OFFERED BY THE GOVERNMENT UNDER THE ABOVE INVITATION IS A NINE CYLINDER CRANKSHAFT OF NO COMMERCIAL VALUE. THE GOVERNMENT CONTRACTING OFFICER HAS CONFIRMED THE CONTRACTOR'S ALLEGATION THAT THE CRANKSHAFT ADVERTISED FOR SALE UNDER THE PRESENT INVITATION IS FOR A NINE CYLINDER ENGINE. IT MUST BE CONCLUDED THAT THERE WAS NO ACTUAL MEETING OF THE MINDS AS TO THE TRUE SUBJECT MATTER OF THE SALE AS COVERED BY ITEMS NOS. 70 AND 72.

B-136928, AUG. 1, 1958

TO THE SECRETARY OF THE NAVY:

BY LETTER DATED JULY 25, 1958, R11.2 L8 L8/NT4-13, THE ACTING ASSISTANT CHIEF FOR PURCHASING, BUREAU OF SUPPLIES AND ACCOUNTS, REQUESTED A DECISION AS TO WHETHER ITEMS NOS. 70 AND 72 OF CONTRACT NO. N407S-5664, DATED MAY 26, 1958, WITH THE MASPETH SCRAP METAL AND RUBBER COMPANY, C., BROOKLYN, NEW YORK, LEGALLY MAY BE CANCELLED ON THE GROUND OF MUTUAL ERROR.

BY INVITATION NO. B-46-58-407, ISSUED APRIL 29, 1958, THE U.S. NAVAL SUPPLY DEPOT, MECHANICSBURG, PENNSYLVANIA, SOLICITED BIDS ON NUMEROUS ITEMS OF SURPLUS DIESEL ENGINE PARTS, INCLUDING ITEMS NOS. 70 AND 72, DESCRIBED THEREIN AS FOLLOWS:

CHART

ITEM NO.DESCRIPTION QUANTITY

70 CRANKSHAFT ASSY. MFD. BY OR 5

FOR FAIRBANKS, MORSE AND CO.

PART NO. 25A9FBCC. APPLICATION:

MODEL 38D8-1/8 O.P.

DIESEL ENGINE.

72 CRANKSHAFT ASSY. MFD. BY OR 13

FOR FAIRBANKS, MORSE AND CO.

PART NO. 15AF9B-25A.

APPLICATION: MODELS 38D8-1/8

O.P. AND 38D8 O.P. AND 38D8-1/8S

O.P. DIESEL ENGINES.

ON MAY 26, 1958, THE MASPETH SCRAP METAL AND RUBBER COMPANY, INC., WAS AWARDED SEVERAL OF THE ADVERTISED ITEMS, INCLUDING ITEMS NOS. 70 AND 72, BY VIRTUE OF ITS HIGHEST TOTAL BID PRICES THEREON OF $5,899.90 AND $10,989.74, RESPECTIVELY. EXCLUSIVE OF THE CONTRACTOR'S PROPOSAL, THE AMOUNTS OF THE OTHER BIDS RECEIVED ON THESE ITEMS WERE:

CHART

BIDDER NO. ITEM NO. QUANTITY AMOUNT

1 70 1 $ 66.89 26

70 1 211.00

1 72 1 66.89 26

72 1 211.00

IN A LETTER DATED MAY 27, 1958, THE CONTRACTOR REQUESTED CANCELLATION OF ITEMS NOS. 70 AND 72 ON THE GROUNDS THAT,"IN THE TRADE THE FAIRBANKS MORSE 38D8-1/8 OP DIESEL ENGINE IS A TEN CYLINDER ENGINE," WHICH IS AN ENGINE OF WIDE COMMERCIAL USAGE, WHEREAS THE PRODUCT AS OFFERED BY THE GOVERNMENT UNDER THE ABOVE INVITATION IS A NINE CYLINDER CRANKSHAFT OF NO COMMERCIAL VALUE, OTHER THAN SCRAP.

THE GOVERNMENT CONTRACTING OFFICER HAS CONFIRMED THE CONTRACTOR'S ALLEGATION THAT THE CRANKSHAFT ADVERTISED FOR SALE UNDER THE PRESENT INVITATION IS FOR A NINE CYLINDER ENGINE, AND HAS FURTHER ASSERTED THAT,"THROUGH TECHNICAL INFORMATION AVAILABLE TO THE CONTRACTING OFFICER, A MODEL 38D8-1/8 O.P. DIESEL ENGINE MANUFACTURED BY FAIRBANKS' MORSE COMPANY WOULD IN NORMAL TRADE TERMINOLOGY INDICATE A TEN CYLINDER ENGINE.' IN THE LIGHT OF THESE FACTS, IT MUST BE CONCLUDED THAT THERE WAS NO ACTUAL MEETING OF THE MINDS AS TO THE TRUE SUBJECT MATTER OF THE SALE AS COVERED BY ITEMS NOS. 70 AND 72, AND ACCORDINGLY, THESE ITEMS OF THE CONTRACT MAY BE CANCELLED FOR WANT OF MUTUALITY.