B-147174, NOV. 27, 1961

B-147174: Nov 27, 1961

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TO THE SECRETARY OF THE AIR FORCE: REFERENCE IS MADE TO A LETTER DATED OCTOBER 30. ENCLOSED IS A COPY OF OUR LETTER OF TODAY TO CONGRESSMAN ROBERT F. YOUR ATTENTION IS INVITED TO OUR DECISIONS IN 39 COMP. THE USE OF UNGUARANTEED SHIPPING WEIGHTS IN DETERMINING THE LOW BID WAS IMPROPER. THE INVITATION IN EACH CASE SHOULD CONTAIN LANGUAGE MAKING A PROSPECTIVE CONTRACTOR LIABLE FOR EXCESS FREIGHT COSTS IF THE STATES SHIPPING WEIGHTS ARE EXCEEDED.

B-147174, NOV. 27, 1961

TO THE SECRETARY OF THE AIR FORCE:

REFERENCE IS MADE TO A LETTER DATED OCTOBER 30, 1961, FROM THE DEPUTY FOR PROCUREMENT MANAGEMENT, FURNISHING A REPORT ON THE PROCEDURES FOLLOWED BY THE ROME AIR MATERIEL AREA IN AWARDING A CONTRACT UNDER INVITATION FOR BIDS NO. 30-635-61-670.

ENCLOSED IS A COPY OF OUR LETTER OF TODAY TO CONGRESSMAN ROBERT F. ELLSWORTH IN REGARD TO THE MATTER.

WHILE IT APPEARS IN THIS CASE THAT THE SELECTION OF THE LOW BIDDER ON THE BASIS OF UNGUARANTEED SHIPPING WEIGHTS DID NOT RESULT IN AN IMPROPER AWARD, YOUR ATTENTION IS INVITED TO OUR DECISIONS IN 39 COMP. GEN. 684 AND IN 40 COMP. GEN. 514, WHEREIN WE HELD THAT WHERE THE RELATIVE STANDING OF THE BIDDERS MAY BE AFFECTED BY THE STATED WEIGHTS OF THE ARTICLES TO BE FURNISHED, THE USE OF UNGUARANTEED SHIPPING WEIGHTS IN DETERMINING THE LOW BID WAS IMPROPER. THEREFORE IN CASES WHERE THE USE OF SHIPPING WEIGHTS FURNISHED MAY BE A DECISIVE FACTOR IN DETERMINING THE LOW BID, THE INVITATION IN EACH CASE SHOULD CONTAIN LANGUAGE MAKING A PROSPECTIVE CONTRACTOR LIABLE FOR EXCESS FREIGHT COSTS IF THE STATES SHIPPING WEIGHTS ARE EXCEEDED, IN ACCORDANCE WITH REVISION 5, AUGUST 21, 1961, OF ARMED SERVICES PROCUREMENT REGULATION 2-201 (B) (XIII).