B-150215, NOV. 30, 1962

B-150215, NOV. 30, 1962

TO DIRECTOR, DEFENSE SUPPLY AGENCY:

REFERENCE IS MADE TO A LETTER DATED AUGUST 3, 1962, DLSC-LE, WITH ENCLOSURE, FROM THE ACTING COUNSEL, DEFENSE LOGISTICS SERVICES CENTER, BATTLE CREEK, MICHIGAN, REGARDING A CLAIM FOR RELIEF SOUGHT BY THE PAN AMERICAN AUTO PARTS CO., INC., NEW YORK, NEW YORK, UNDER CONTRACT NO. DA/S/-09-030-QM-O.I. NO. 1830.

IT APPEARS THAT IN RESPONSE TO INVITATION NO. 09-030-S-62-33, ISSUED ON FEBRUARY 28, 1962, BY THE ATLANTA DEFENSE SURPLUS SALES OFFICE, THE PAN AMERICAN CORPORATION SUBMITTED A BID DATED MARCH 19, 1962, OFFERING TO PURCHASE ITEM NO. 126, DESCRIBED AS 336 RING SETS FOR A 1/4 TON 4 BY 4 JEEP TRUCK AT $1 A SET. THE BID OF THE CORPORATION, BEING THE HIGHEST BID RECEIVED FOR ITEM NO. 126, WAS ACCEPTED FOR THE ITEM IN ADDITION TO THREE OTHER ITEMS ON MARCH 22, 1962. BY LETTER DATED APRIL 2, 1962, THE PAN AMERICAN CORPORATION ADVISED THE SURPLUS SALES OFFICE THAT A FURTHER INVESTIGATION OF THE RING SETS COVERED BY ITEM NO. 126 REVEALED THAT THEY WERE NOT FOR A JEEP TRUCK, AS DESCRIBED IN THE INVITATION, BUT RATHER FOR A 1/4 TON DODGE TRUCK. IN VIEW OF THIS, THE CORPORATION REQUESTS THAT ITEM NO. 126 BE DELETED FROM CONTRACT NO. DA/S/-09-030-QM-O.I. NO. 1830, WHICH REPRESENTS THE CLAIM FORWARDED TO US BY THE BATTLE CREEK LOGISTICS SERVICES CENTER FOR DETERMINATION.

THE GOVERNMENT CONTRACTING OFFICER REPORTS THAT ACCORDING TO THE MACHINE LISTING ACCOMPANYING ITEM NO. 126 WHEN IT WAS TURNED OVER TO THE PROPERTY DISPOSAL OFFICER OF THE ANNISTON ORDNANCE DEPOT, THE NOMENCLATURE WAS "RING SET, PISTON ENGINE 0.035 O/S FOR TRUCK 1/4 TON, 4 BY 4 (DODGE).' HOWEVER, APPARENTLY WHEN THE PROPERTY DISPOSAL OFFICER PREPARED THE PROPERTY LISTING FOR THE SALE OF THIS ITEM THERE WAS OMITTED FROM THE FOREGOING NOMENCLATURE THE TRADE NAME OF "DODGE" FROM THE DESCRIPTION OF THE TRUCK. THEREFORE, WHEN THE PROPERTY LISTING FOR ITEM NO. 126, WHICH DID NOT SHOW THE TRADE NAME OF THE TRUCK INVOLVED, WAS INCORPORATED IN THE SALES CATALOG BY THE ATLANTA DEFENSE SURPLUS SALES OFFICE THE WORD "JEEP" WAS INSERTED IN THE DESCRIPTION AS THE TRADE NAME OF THE TRUCK IN THE BELIEF THAT ALL 1/4 TON TRUCKS IN THE SUPPLY SYSTEM WERE JEEPS. THUS, SINCE IT IS SHOWN THAT THERE WAS IMMEDIATELY AVAILABLE TO THE PROPERTY DISPOSAL OFFICER IN THE FIRST INSTANCE CERTAIN NOMENCLATURE SETTING FORTH THE CORRECT INFORMATION AS TO THE TRADE NAME OF THE TRUCK FOR WHICH THE RING SETS WERE TO BE USED THAT WERE BEING OFFERED FOR SALE AND SINCE, IN ADDITION, THE SURPLUS SALES OFFICE MORE OR LESS ARBITRARILY INSERTED THE MAKE OF THE TRUCK AS A ,JEEP" ON THE ASSUMPTION THAT ALL 1/4 TON TRUCKS IN THE SUPPLY SYSTEM WERE JEEPS WITHOUT ATTEMPTING TO VERIFY SUCH DESCRIPTIVE INFORMATION, WE DO NOT BELIEVE IT REASONABLY MAY BE CONCLUDED THAT THERE WAS UTILIZED TO THE FULLEST EXTENT THE "BEST AVAILABLE INFORMATION," WHICH IS SHOWN TO HAVE BEEN READILY AVAILABLE, AS TO A MOST PERTINENT PART OF THE DESCRIPTIVE TERMS OF THE PROPERTY COVERED BY ITEM NO. 126.

ACCORDINGLY, WE WILL NOT BE REQUIRED TO OBJECT TO A DELETION OF ITEM NO. 126 FROM CONTRACT NO. DA/S/-09-030-QM-O.I. NO. 1830, IN THIS PARTICULAR CASE.