B-141556, DEC. 31, 1959

B-141556: Dec 31, 1959

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TO THE SECRETARY OF THE NAVY: REFERENCE IS MADE TO A LETTER DATED DECEMBER 22. N228S-42438 IS BASED. SEVEN BIDS WERE RECEIVED. THE HIGHEST BID OF $3.75 EACH WAS SUBMITTED BY MR. EMBRY AND WAS ACCEPTED ON SEPTEMBER 28. THE CONTRACTOR CLAIMED THAT HE HAD MADE AN ERROR IN HIS BID AND THAT THE BID ON ITEM 10 WAS INTENDED TO BE PLACED ON ITEM 11. THERE WAS NOTHING ON THE FACE OF THE BID SUBMITTED BY MR. EMBRY TO INDICATE THAT THE PRICE QUOTED FOR ITEM 10 WAS INTENDED FOR ITEM 11. EMBRY'S BID WAS IN THE AMOUNT OF $3.75 EACH AND THE OTHER BIDS WERE $3.67. THE CONTRACTING OFFICER HAS STATED THAT HE WAS NOT ON NOTICE OF ANY POSSIBILITY OF ERROR AND NOTHING HAS BEEN PRESENTED WHICH CAN BE REGARDED AS PUTTING THE CONTRACTING OFFICER ON NOTICE OF POSSIBLE ERROR.

B-141556, DEC. 31, 1959

TO THE SECRETARY OF THE NAVY:

REFERENCE IS MADE TO A LETTER DATED DECEMBER 22, 1959, FILE R11.2 L8) L8/NT4-28, FROM THE ASSISTANT CHIEF FOR PURCHASING, BUREAU OF SUPPLIES AND ACCOUNTS, REQUESTING A DECISION AS TO THE ACTION TO BE TAKEN CONCERNING AN ERROR WHICH MR. G. R. EMBRY ALLEGES THAT HE MADE IN HIS BID ON WHICH CONTRACT NO. N228S-42438 IS BASED.

THE NAVAL SUPPLY CENTER, DISPOSAL DEPARTMENT, OAKLAND, CALIFORNIA, BY INVITATION NO. B-56-60-228, REQUESTED BIDS FOR THE PURCHASE FROM THE GOVERNMENT OF VARIOUS LOTS OF FERROUS AND NON-FERROUS SCRAP MATERIALS. ITEM 10 COVERED 57 PIECES OF SCRAP STEEL, CONSISTING OF CYLINDERS 4 1/2 FEET LONG AND 22 INCHES IN DIAMETER. IN RESPONSE TO THE INVITATION, SEVEN BIDS WERE RECEIVED. THE HIGHEST BID OF $3.75 EACH WAS SUBMITTED BY MR. G. R. EMBRY AND WAS ACCEPTED ON SEPTEMBER 28, 1959. BY LETTER DATED OCTOBER 3, 1959, THE CONTRACTOR CLAIMED THAT HE HAD MADE AN ERROR IN HIS BID AND THAT THE BID ON ITEM 10 WAS INTENDED TO BE PLACED ON ITEM 11, WHICH COMPRISED MATERIAL HE HAD PURCHASED THERETOFORE FROM THE GOVERNMENT. REQUESTED THAT HIS DEPOSIT BE REFUNDED.

THERE WAS NOTHING ON THE FACE OF THE BID SUBMITTED BY MR. EMBRY TO INDICATE THAT THE PRICE QUOTED FOR ITEM 10 WAS INTENDED FOR ITEM 11. MR. EMBRY'S BID WAS IN THE AMOUNT OF $3.75 EACH AND THE OTHER BIDS WERE $3.67, $3, $2.112, $2, $1.80 AND $1 EACH. THE CONTRACTING OFFICER HAS STATED THAT HE WAS NOT ON NOTICE OF ANY POSSIBILITY OF ERROR AND NOTHING HAS BEEN PRESENTED WHICH CAN BE REGARDED AS PUTTING THE CONTRACTING OFFICER ON NOTICE OF POSSIBLE ERROR. COMPARE UNITED STATES V. SABIN METAL CORPORATION, 151 F.SUPP. 683.

THE RESPONSIBILITY FOR THE PREPARATION OF THE BID SUBMITTED BY MR. EMBRY WAS UPON HIM. ANY ERROR THAT WAS MADE BY HIM WAS UNILATERAL AND, THEREFORE, DOES NOT ENTITLE HIM TO RELIEF FROM HIS OBLIGATION UNDER THE CONTRACT. SEE OGDEN AND DOUGHERTY V. UNITED STATES, 102 C.CLS. 249; AND SALIGMAN, ET. AL. V. UNITED STATES, 56 F.SUPP. 505.

ACCORDINGLY, THERE APPEARS NO LEGAL BASIS FOR RELEASING MR. EMBRY FROM HIS OBLIGATION UNDER THE CONTRACT.