B-147789, JAN. 5, 1962

B-147789, JAN. 5, 1962

TO THE SECRETARY OF THE AIR FORCE:

REFERENCE IS MADE TO LETTER (AJF) DATED NOVEMBER 3, 1961, FROM THE TRANSPORTATION LOSS AND DAMAGE DIVISION, DIRECTORATE OF ADJUDICATION, HEADQUARTERS, AIR FORCE ACCOUNTING AND FINANCE CENTER, CONCERNING A REQUEST OF WILTON CORBELLO FOR CANCELLATION OF HIS BID ON ITEM NO. 59 OF BID INVITATION NO. 41-608-S-62-13, BECAUSE OF AN ERROR AS TO THAT ITEM ALLEGED AFTER AWARD OF SALES CONTRACT NO. (41-608/S-62-677.

CONSOLIDATED SURPLUS SALES OFFICE, KELLY AIR FORCE BASE, TEXAS, SOLICITED BIDS--- OPENING DATE SEPTEMBER 19, 1961--- FOR THE PURCHASE FROM THE GOVERNMENT OF 120 ITEMS OF SURPLUS PROPERTY AS LISTED AND DESCRIBED THEREIN. IN RESPONSE TO THE INVITATION, WILTON CORBELLO SUBMITTED A BID DATED SEPTEMBER 13, 1961, ACCOMPANIED BY A DEPOSIT OF $36.90, WITH PRICE QUOTATIONS ON PAGE 5 OF THE BID SHEET, AS FOLLOWS:

TABLE ITEM NO. ARTICLES QUANTITY UNIT OF PRICE BID TOTAL

FOR SALE (NO.OF UNITS) MEASURE PER UNIT PRICE BID 56

ENCLOSURE 1 EA.$ 61.50 57 ENCLOSURE

1 EA. 61.50 58 ENCLOSURE

1 EA. 61.50 59 ENCLOSURE 1 EA. $ 184.50

THE CONTRACTING OFFICER ACCEPTED THE BIDS ON ITEMS NOS. 56, 57 AND 59 ON SEPTEMBER 22, 1961, AND THE THREE ITEMS WERE AWARDED TO WILTON CORBELLO ON CONTRACT NO. (41-608/S-62-677 FOR A TOTAL AMOUNT OF $307.50.

AFTER RECEIPT OF THE NOTICE OF AWARD OF THE CONTRACT, WILTON CORBELLO IN LETTER DATED SEPTEMBER 26, 1961, ADVISED THE CONTRACTING OFFICER THAT HE HAD BID $61.50 EACH ON ITEMS NOS. 56, 57 AND 58, BUT THROUGH ERROR HE MUST HAVE ENTERED THE TOTAL OF THOSE THREE ITEMS, $184.50, IN THE TOTAL PRICE BID COLUMN OPPOSITE ITEM NO. 59 ON WHICH HE DID NOT WISH TO BID. MR. CORBELLO REQUESTED THAT BECAUSE OF THE ERROR, AS ALLEGED, THE BID ON ITEM 59 BE DISREGARDED.

THE CONTRACTING OFFICER REPORTS WITH REFERENCE TO THE SALES TRANSACTION THAT AT THE TIME OF EVALUATING BIDS RECEIVED IT WAS NOT APPARENT TO HIM THAT THE $184.50 ENTERED ON CLAIMANT'S BID IN THE TOTAL PRICE BID COLUMN OPPOSITE ITEM NO. 59 WAS NOT INTENDED AS A BID ON THAT ITEM BUT WAS THE TOTAL PRICE BID FOR ITEMS NOS. 56, 57 AND 58, AND FURTHER THAT HE WAS NOT PUT ON NOTICE OF THE PROBABILITY OF ERROR IN BID SINCE SEVERAL OF THE SAME ITEMS WERE SOLD FOR $121.50 AND $126. HE STATES, HOWEVER, THAT UPON REEXAMINATION OF THE BID HE FEELS THAT HE SHOULD HAVE BEEN AWARE OF THE PROBABILITY OF ERROR IN THE BID INASMUCH AS THE BID DEPOSIT OF $36.90 ACCOMPANYING THE BID WAS LESS THAN THE REQUIRED 20 PERCENT OF CLAIMANT'S TOTAL BID PRICE COVERING ITEMS NOS. 56, 57, 58 AND 59, AND THEREFORE HE SHOULD NOT HAVE ACCEPTED CLAIMANT'S BID WITHOUT A VERIFICATION OF THE BID. THE CONTRACTING OFFICER RECOMMENDS THAT MR. CORBELLO BE RELIEVED OF HIS OBLIGATIONS FOR ITEM NO. 59 ON THE SALES CONTRACT.

WE AGREE WITH THE CONTRACTING OFFICER THAT HE SHOULD HAVE BEEN ON NOTICE OF PROBABLE ERROR IN THE BID SINCE IT WAS APPARENT ON THE FACE OF THE BID THAT THE BID DEPOSIT WAS LESS THAN THE AMOUNT REQUIRED BY THE INVITATION. IN THESE CIRCUMSTANCES, ITEM NO. 59 MAY BE CANCELED FROM SALES ..END :