B-148261, MAR. 26, 1962

B-148261: Mar 26, 1962

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TO THE SECRETARY OF THE INTERIOR: REFERENCE IS MADE TO A LETTER DATED FEBRUARY 23. IN THE AMOUNT OF $35.87 DUE TO AN ERROR THE COMPANY ALLEGES IT MADE ON ITEM 6 OF ITS BID ON WHICH CONTRACT NO. 14 11-0007-614 IS BASED. MEASUREMENTS WAS THE LOW BIDDER ON ITEM 6 COVERING TWO GRID-DIP METER INSTRUMENTS FOR $472.13 EACH AND ITS BID WAS ACCEPTED BY THE GOVERNMENT DECEMBER 27. THE PRIMARY QUESTION FOR CONSIDERATION IS NOT WHETHER THE COMPANY MADE A BONA FIDE MISTAKE IN ITS BID BUT WHETHER A VALID CONTRACT WAS CONSUMMATED BY THE ACCEPTANCE OF THE BID. THE RESPONSIBILITY FOR THE PREPARATION OF THE BID SUBMITTED IN RESPONSE TO THE INVITATION WAS UPON THE BIDDER. IT IS CLEAR FROM THE RECORD THAT THE ERROR IN BID MADE BY THE COMPANY WAS DUE SOLELY TO ITS OWN NEGLIGENCE OR OVERSIGHT AND WAS IN NO WAY INDUCED OR CONTRIBUTED TO BY THE GOVERNMENT.

B-148261, MAR. 26, 1962

TO THE SECRETARY OF THE INTERIOR:

REFERENCE IS MADE TO A LETTER DATED FEBRUARY 23, 1962, WITH ENCLOSURES, FROM THE ADMINISTRATIVE ASSISTANT SECRETARY OF THE DEPARTMENT OF THE INTERIOR, RELATIVE TO THE CLAIM OF MEASUREMENTS, A MCGRAW-EDISON DIVISION, IN THE AMOUNT OF $35.87 DUE TO AN ERROR THE COMPANY ALLEGES IT MADE ON ITEM 6 OF ITS BID ON WHICH CONTRACT NO. 14 11-0007-614 IS BASED.

BY INVITATION NO. AFO-62-8, THE UNITED STATES DEPARTMENT OF INTERIOR, BUREAU OF LAND MANAGEMENT, JUNEAU, ALASKA, REQUESTED BIDS FOR CERTAIN SUPPLIES AND SERVICES. MEASUREMENTS WAS THE LOW BIDDER ON ITEM 6 COVERING TWO GRID-DIP METER INSTRUMENTS FOR $472.13 EACH AND ITS BID WAS ACCEPTED BY THE GOVERNMENT DECEMBER 27, 1961. BY LETTER OF JANUARY 10, 1962, THE CONTRACTOR ALLEGED IT MADE AN ERROR IN ITS BID, IN THAT IT HAD INADVERTENTLY FAILED TO INCLUDE THE AIR EXPRESS CHARGES FROM SEATTLE TO ANCHORAGE.

THE PRIMARY QUESTION FOR CONSIDERATION IS NOT WHETHER THE COMPANY MADE A BONA FIDE MISTAKE IN ITS BID BUT WHETHER A VALID CONTRACT WAS CONSUMMATED BY THE ACCEPTANCE OF THE BID. THE RESPONSIBILITY FOR THE PREPARATION OF THE BID SUBMITTED IN RESPONSE TO THE INVITATION WAS UPON THE BIDDER. SEE FRAZIER-DAVIS CONSTRUCTION COMPANY V. UNITED STATES, 100 CT.CL. 120, 163.

IT IS CLEAR FROM THE RECORD THAT THE ERROR IN BID MADE BY THE COMPANY WAS DUE SOLELY TO ITS OWN NEGLIGENCE OR OVERSIGHT AND WAS IN NO WAY INDUCED OR CONTRIBUTED TO BY THE GOVERNMENT. ANY ERROR THAT MAY HAVE BEEN MADE WAS UNILATERAL--- NOT MUTUAL--- AND, THEREFORE, DOES NOT ENTITLE THE COMPANY TO RELIEF. SEE OGDEN AND DOUGHERTY V. UNITED STATES, 102 CT.CL. 249.

ACCORDINGLY, THERE APPEARS TO BE NO LEGAL BASIS FOR PAYMENT FOR THE AMOUNT CLAIMED BY THE COMPANY. IN FUTURE CASES OF THIS TYPE AN ABSTRACT OF BIDS SHOULD BE FURNISHED.