B-140949, OCT. 19, 1959

B-140949: Oct 19, 1959

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OUR ADVICE WAS REQUESTED AS TO THE PROPER DISPOSITION OF A BID ON ITEM 16 OF SALES INVITATION NO. THE INVITATION WAS ISSUED BY THE SUPPLY OFFICER OF THE UNITED STATES MARINE CORPS STATION AT EL TORO. BIDS WERE TO BE OPENED UNDER THE TERMS OF THE INVITATION ON AUGUST 18. ITEM NO. 16 WAS A CRASH FIRE TRUCK. IT APPEARS THAT THE ITEMS WERE LINED UP IN NUMERICAL ORDER. ON THAT DATE ITEM NO. 16 WAS MOVED OUT OF LINE WHILE A VEHICLE BEHIND IT WAS BEING LOADED. APPARENTLY A CRANE CRASH TRUCK WHICH WAS NOT FOR SALE WAS INVOLVED IN THE MANEUVER AND THE REPRESENTATIVE OF THE FIRM MISTAKENLY THOUGHT THAT THE CRANE CRASH TRUCK WAS ITEM NO. 16 OF THE INVITATION. TWELVE BIDS WERE RECEIVED FOR ITEM NO. 16.

B-140949, OCT. 19, 1959

TO THE SECRETARY OF THE NAVY:

BY LETTER OF OCTOBER 7, 1959, REFERENCE R11.2 L8) L8/KV, SIGNED BY THE ASSISTANT CHIEF FOR PURCHASING, OUR ADVICE WAS REQUESTED AS TO THE PROPER DISPOSITION OF A BID ON ITEM 16 OF SALES INVITATION NO. B-6-60 60050. THE INVITATION WAS ISSUED BY THE SUPPLY OFFICER OF THE UNITED STATES MARINE CORPS STATION AT EL TORO, CALIFORNIA, ON JULY 28, 1059. BIDS WERE TO BE OPENED UNDER THE TERMS OF THE INVITATION ON AUGUST 18. THE INVITATION COVERED 20 ITEMS OF SURPLUS PROPERTY RANGING FROM TIRE TUBES TO COMPLETE VEHICLES. ITEM NO. 16 WAS A CRASH FIRE TRUCK, DODGE NO. T-245, 3/4 TON CAPACITY.

ON AUGUST 6, 1959, A REPRESENTATIVE OF THE CALIFORNIA TRUCK PARTS AND EQUIPMENT COMPANY EXAMINED THE PROPERTY COVERED BY THE TERMS OF THE INVITATION. IT APPEARS THAT THE ITEMS WERE LINED UP IN NUMERICAL ORDER. HOWEVER, ON THAT DATE ITEM NO. 16 WAS MOVED OUT OF LINE WHILE A VEHICLE BEHIND IT WAS BEING LOADED. APPARENTLY A CRANE CRASH TRUCK WHICH WAS NOT FOR SALE WAS INVOLVED IN THE MANEUVER AND THE REPRESENTATIVE OF THE FIRM MISTAKENLY THOUGHT THAT THE CRANE CRASH TRUCK WAS ITEM NO. 16 OF THE INVITATION.

TWELVE BIDS WERE RECEIVED FOR ITEM NO. 16. THE BID OF THE CALIFORNIA FIRM WAS $1,580, WHILE THE OTHER 11 BIDS RANGED FROM A LOW OF $20 TO A HIGH OF $592. AS HIGH BIDDER AWARD WAS MADE TO CALIFORNIA TRUCK PARTS AND EQUIPMENT COMPANY FOR ITEM NO. 16. WHILE THE ADMINISTRATIVE REPORT ON THE MATTER IS NOT ENTIRELY CLEAR IT APPEARS THAT UPON BEING ADVISED OF THE AWARD THE FIRM INDICATED THAT THE ITEM IT HAD BID ON WAS NOT THE TRUCK DESCRIBED IN ITEM NO. 16 OF THE INVITATION BUT THE CRANE CRASH TRUCK WHICH HAD BEEN MOVED INTO OR NEAR THE LINE OF ITEMS ON SALE. IN SUPPORT OF ITS ALLEGATION OF ERROR THE FIRM SUBMITTED ITS WORKSHEETS SHOWING CERTAIN NOTATIONS OPPOSITE ITEM NO. 16. THESE WERE "NO INTER-AXLE DRIVE LINE," "POOR TIRES" AND "462 AXLE.' WHILE EACH OF THESE ITEMS ACCURATELY DESCRIBES THE CRANE CRASH TRUCK NONE OF THEM IS APPLICABLE TO THE DODGE TRUCK ON SALE AS ITEM NO. 16 WHICH HAS ONLY ONE AXLE, EXCELLENT TIRES AND IS TOO SMALL TO BE FITTED WITH THE 462 AXLE.

THE RECORD APPEARS TO PROVIDE SUBSTANTIAL EVIDENCE TO WARRANT THE CONCLUSION THAT THE PROPERTY OFFERED FOR DELIVERY UNDER THE SALES CONTRACT WAS NOT THAT INSPECTED BY THE BIDDER'S REPRESENTATIVE AND UPON WHICH ITS BID PRICE WAS BASED. ACCORDINGLY, WE CONCUR WITH THE RECOMMENDATION OF THE CONTRACTING OFFICER THAT THE CONTRACT FOR ITEM NO. 16 BE CANCELED WITHOUT LIABILITY TO THE CONTRACTOR.