B-143678, AUG. 19, 1960

B-143678: Aug 19, 1960

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INC.: REFERENCE IS MADE TO YOUR LETTER OF JULY 26. IT HAS BEEN DETERMINED THAT THE ERROR IN YOUR BID ON THE ITEM INVOLVED WAS OBVIOUS AND THAT IT SHOULD NOT HAVE BEEN ACCEPTED WITHOUT VERIFICATION. THE CLAIMS DIVISION OF OUR OFFICE IS BEING INSTRUCTED TO ALLOW THE CLAIM. THERE IS NO AUTHORITY FOR THE PAYMENT OF MORE THAN THE NEXT LOW CORRECT BID RECEIVED ON THE ITEM INVOLVED. THE RECORD SHOWS THAT EXCEPT FOR YOUR ERROR THE ITEM COULD HAVE BEEN PURCHASED FOR $37.50 PER DRUM AND. THE SETTLEMENT WILL ISSUE IN DUE COURSE FOR ONLY THE DIFFERENCE BETWEEN $28.45 AND $37.50 PER DRUM.

B-143678, AUG. 19, 1960

TO NATIONAL CHEMICAL LABORATORIES OF PA., INC.:

REFERENCE IS MADE TO YOUR LETTER OF JULY 26, 1960, REQUESTING RECONSIDERATION OF CLAIMS DIVISION SETTLEMENT OF JULY 21, 1960, WHICH DISALLOWED YOUR CLAIM FOR $200 REPRESENTING THE DIFFERENCE BETWEEN $28.45 AND $38.45 PER DRUM FOR 20 DRUMS OF LIQUID SOAP CONCENTRATE FURNISHED TO THE VETERANS ADMINISTRATION SUPPLY DEPOT, WILMINGTON, CALIFORNIA, UNDER CONTRACT NO. 60-SO-50441 DATED JANUARY 29, 1960.

IT HAS BEEN DETERMINED THAT THE ERROR IN YOUR BID ON THE ITEM INVOLVED WAS OBVIOUS AND THAT IT SHOULD NOT HAVE BEEN ACCEPTED WITHOUT VERIFICATION. THE CLAIMS DIVISION OF OUR OFFICE IS BEING INSTRUCTED TO ALLOW THE CLAIM. HOWEVER, THERE IS NO AUTHORITY FOR THE PAYMENT OF MORE THAN THE NEXT LOW CORRECT BID RECEIVED ON THE ITEM INVOLVED. SEE 37 COMP. GEN. 398. THE RECORD SHOWS THAT EXCEPT FOR YOUR ERROR THE ITEM COULD HAVE BEEN PURCHASED FOR $37.50 PER DRUM AND, THEREFORE, THE SETTLEMENT WILL ISSUE IN DUE COURSE FOR ONLY THE DIFFERENCE BETWEEN $28.45 AND $37.50 PER DRUM, OR $181 FOR THE 20 DRUMS.