B-148082, FEB. 7, 1962

B-148082: Feb 7, 1962

Additional Materials:

Contact:

Edda Emmanuelli Perez
(202) 512-2853
EmmanuelliPerezE@gao.gov

 

Office of Public Affairs
(202) 512-4800
youngc1@gao.gov

DEPARTMENT OF AGRICULTURE: REFERENCE IS MADE TO YOUR LETTER OF JANUARY 25. REQUESTING A DECISION AS TO WHETHER YOU MAY CERTIFY FOR PAYMENT A VOUCHER (INVOICE) FOR A PURCHASE THAT WAS INADVERTENTLY. THE PARTICULAR PROCUREMENT WAS INITIATED BY THE RUSSELLVILLE. AWARD WAS MADE TO THE DIXIE CULVERT MANUFACTURING COMPANY ON DECEMBER 27. THE TWO OTHER FIRMS WHICH WERE SOLICITED OFFERED TO FURNISH THE CULVERT AND BANDS FOR AGGREGATE TOTAL PRICES OF $3. THE CONTRACTING OFFICER STATES THAT THE PURCHASE ORDER IN QUESTION WAS PREPARED AND PASSED OVER HIS DESK FOR APPROVAL ALONG WITH NUMEROUS OTHER ORDERS FOR THAT PARTICULAR DAY AND THAT IT WAS INADVERTENTLY APPROVED. SINCE THE PURCHASE ORDER WAS INADVERTENTLY APPROVED BY THE CONTRACTING OFFICER.

B-148082, FEB. 7, 1962

TO AUTHORIZED CERTIFYING OFFICER, FOREST SERVICE, DEPARTMENT OF AGRICULTURE:

REFERENCE IS MADE TO YOUR LETTER OF JANUARY 25, 1962 (FILE 6540), WITH ENCLOSURES, RECEIVED ON JANUARY 31, 1962, REQUESTING A DECISION AS TO WHETHER YOU MAY CERTIFY FOR PAYMENT A VOUCHER (INVOICE) FOR A PURCHASE THAT WAS INADVERTENTLY, THROUGH A SERIES OF ERRORS, NEGOTIATED BY THE CONTRACTING OFFICER WITHOUT ADVERTISING AND IN EXCESS OF THE LEGAL AUTHORITY AS SET FORTH IN 41 U.S.C. 252 (C) (3). THE VOUCHER, IN THE GROSS AMOUNT OF $3,069.93, COVERS VARIOUS QUANTITIES OF CULVERT AND BANDS FURNISHED BY THE DIXIE CULVERT MANUFACTURING COMPANY, LITTLE ROCK, ARKANSAS, TO THE U.S. FOREST SERVICE, HECTOR, ARKANSAS, UNDER PURCHASE ORDER NO. 381-10-62.

THE PARTICULAR PROCUREMENT WAS INITIATED BY THE RUSSELLVILLE, ARKANSAS, OFFICE OF THE U.S. FOREST SERVICE THROUGH THE ISSUANCE OF REQUESTS FOR PROPOSALS ON DECEMBER 13, 1961, TO THREE SUPPLIERS. AWARD WAS MADE TO THE DIXIE CULVERT MANUFACTURING COMPANY ON DECEMBER 27, 1961, TO FURNISH THE CULVERT AND BANDS FOR THE AGGREGATE TOTAL PRICE OF $3,069.93. THE TWO OTHER FIRMS WHICH WERE SOLICITED OFFERED TO FURNISH THE CULVERT AND BANDS FOR AGGREGATE TOTAL PRICES OF $3,071.55 AND $3,215.03.

YOU ASK WHETHER THE VOUCHER MAY BE CERTIFIED SINCE THE AMOUNT THEREOF EXCEEDS THE OPEN MARKET LIMITATION OF $2,500 PROVIDED BY 41 U.S.C. 252 (C) (3).

IN HIS STATEMENT OF JANUARY 22, 1962, THE CONTRACTING OFFICER STATES THAT THE PURCHASE ORDER IN QUESTION WAS PREPARED AND PASSED OVER HIS DESK FOR APPROVAL ALONG WITH NUMEROUS OTHER ORDERS FOR THAT PARTICULAR DAY AND THAT IT WAS INADVERTENTLY APPROVED. SINCE THE PURCHASE ORDER WAS INADVERTENTLY APPROVED BY THE CONTRACTING OFFICER, WHO STATES THAT HE IS FULLY AWARE OF THE LIMITATIONS OF HIS AUTHORITY IN THIS TYPE OF PURCHASE, AND SINCE THE RANGE OF THE QUOTATIONS RECEIVED ON THE SUPPLIES INDICATES THAT REASONABLE COMPETITION WAS OBTAINED, THIS OFFICE WILL NOT OBJECT TO THE FAILURE TO ADVERTISE IN THIS PARTICULAR INSTANCE.

ACCORDINGLY, YOU ARE ADVISED THAT THE VOUCHER MAY BE CERTIFIED FOR PAYMENT FOR THE GROSS AMOUNT OF $3,069.93, AS SHOWN ON THE COMPANY'S INVOICE.