B-142137, MAR. 10, 1960

B-142137: Mar 10, 1960

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TO THE SECRETARY OF THE ARMY: REFERENCE IS MADE TO A LETTER DATED FEBRUARY 25. NO OTHER BIDS WERE RECEIVED FOR THESE ITEMS. IN THE BODY OF THE INVITATION THE ITEMS WERE DESCRIBED MERELY AS BATTERIES. IN THE DESCRIPTIVE MATERIAL THEY WERE DESCRIBED AS "BATTERIES. THE CONTRACTOR'S BID WAS ACCEPTED AUGUST 31. IN PARAGRAPH 2 OF THE GENERAL SALE TERMS AND CONDITIONS THE GOVERNMENT STATED THAT THE DESCRIPTION WAS BASED ON THE BEST AVAILABLE INFORMATION. THE RECORD SHOWS THAT THE ITEMS IN QUESTION WERE NOT ACTUALLY STORAGE BATTERIES BUT WERE DRY-CELL BATTERIES. IT IS STATED THAT WHILE THE WET-CELL. STORAGE TYPE BATTERY IS VALUABLE AS SCRAP. WHILE THE BATTERIES ARE REPORTED TO BE USABLE AS BATTERIES.

B-142137, MAR. 10, 1960

TO THE SECRETARY OF THE ARMY:

REFERENCE IS MADE TO A LETTER DATED FEBRUARY 25, 1960, WITH ENCLOSURES, FROM DEPUTY THE QUARTERMASTER GENERAL, REQUESTING A DECISION AS TO THE ACTION TO BE TAKEN RELATIVE TO THE REQUEST OF CASWELL, STRAUSS AND COMPANY, INC., FOR CANCELLATION OF CONTRACT NO. O.I. (S) 28-013-60-164, DATED AUGUST 21, 1959.

ON INVITATION FOR BIDS NO. 28-013-S-60-7 THE CONTRACTOR SUBMITTED A BID OF $0.0395 PER POUND ON ITEMS 21, 22, 23, AND 24, TOTALLING, 31,906 POUNDS OF BATTERIES. NO OTHER BIDS WERE RECEIVED FOR THESE ITEMS. IN THE BODY OF THE INVITATION THE ITEMS WERE DESCRIBED MERELY AS BATTERIES, BUT IN THE DESCRIPTIVE MATERIAL THEY WERE DESCRIBED AS "BATTERIES, STORAGE, ASSTD.' THE CONTRACTOR'S BID WAS ACCEPTED AUGUST 31, 1959.

IN PARAGRAPH 2 OF THE GENERAL SALE TERMS AND CONDITIONS THE GOVERNMENT STATED THAT THE DESCRIPTION WAS BASED ON THE BEST AVAILABLE INFORMATION. THE RECORD SHOWS THAT THE ITEMS IN QUESTION WERE NOT ACTUALLY STORAGE BATTERIES BUT WERE DRY-CELL BATTERIES. ALSO, IT IS STATED THAT WHILE THE WET-CELL, STORAGE TYPE BATTERY IS VALUABLE AS SCRAP, THE DRY-CELL TYPE HAS LITTLE OR NO SCRAP VALUE. WHILE THE BATTERIES ARE REPORTED TO BE USABLE AS BATTERIES, THE LACK OF RESPONSE ON THIS AND OTHER SALES FOR SIMILAR BATTERIES IN SIMILAR CONDITION INDICATES THAT THEY HAVE LITTLE VALUE AS END ITEMS. IT APPEARS THAT THE DESCRIPTION OF THE MATERIAL WAS NOT TAKEN FROM THE RECORD INFORMATION BUT WAS CAUSED BY A MISTAKE OF THE CLASSIFIER.

IN VIEW OF THE FACTS OF THIS MATTER AS REPORTED AND SHOWN BY THE FILE, IT MAY BE HELD THAT THE ERRONEOUS DESCRIPTION DID NOT FURNISH "THE BEST AVAILABLE INFORMATION," AS STATED IN THE INVITATION. ACCORDINGLY, CONTRACT NO. O.I. (S) 28-013-60-164 MAY BE CANCELLED.