B-152101, SEP 23, 1963

B-152101: Sep 23, 1963

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THE FACTS AS ADMINISTRATIVELY REPORTED SHOW THAT IN RESPONSE TO AN INFORMAL SOLICITATION THREE BIDS WERE RECEIVED FOR THE INVOLVED SERVICE AS FOLLOWS: TABLE PICKFORDS 23.10.6 POUNDS STERLING NESBITT 10. 0.0 POUNDS STERLING CAVES 6. 0.0 POUNDS STERLING AN AWARD WAS MADE TO CAVES. THE LOW BIDDER AND A PURCHASE ORDER WAS ISSUED TO THAT CONCERN. THAT A PURCHASE ORDER HAD BEEN ISSUED TO YOUR COMPANY FOR PACKING AND CRATING OF THE HOUSEHOLD GOODS AND THAT YOU WERE NOT ADVISED THAT THE LOCAL PART OF THE SHIPMENT HAD BEEN AWARDED TO ANOTHER CONTRACTOR. AS IN ALL OTHER CASES OF LOCAL AND STATESIDE SHIPMENTS REQUESTED FOR THE SAME DAY FROM A BASE WHERE YOU HOLD THE PACKING AND CRATING CONTRACT THAT IT WAS INTENDED THAT YOU WERE TO PERFORM BOTH SERVICES.

B-152101, SEP 23, 1963

TO PICKFORDS LIMITED:

YOUR LETTER OF JULY 5, 1963, CONCERNS SETTLEMENT OF JUNE 17, 1963, WHICH DISALLOWED YOUR CLAIM FOR 23.10.6 POUNDS STERLING FOR LOCAL MOVEMENT HOUSEHOLD GOODS OF STAFF SERGEANT EUSEBIO B. CANTU FROM BANBURY, OXON, TO GOVERNMENT QUARTERS AT CROUGHTON AS, ENGLAND.

THE FACTS AS ADMINISTRATIVELY REPORTED SHOW THAT IN RESPONSE TO AN INFORMAL SOLICITATION THREE BIDS WERE RECEIVED FOR THE INVOLVED SERVICE AS FOLLOWS:

TABLE

PICKFORDS 23.10.6 POUNDS STERLING

NESBITT 10. 0.0 POUNDS STERLING

CAVES 6. 0.0 POUNDS STERLING

AN AWARD WAS MADE TO CAVES, THE LOW BIDDER AND A PURCHASE ORDER WAS ISSUED TO THAT CONCERN. WHEN THAT CONTRACTOR ARRIVED AT THE QUARTERS OF STAFF SERGEANT CANTU IT DISCOVERED THAT HIS HOUSEHOLD GOODS HAD ALREADY BEEN TAKEN BY YOUR COMPANY. IN JUSTIFICATION OF SUCH ACTION YOU ADMITTED THAT NO PURCHASE ORDER HAD BEEN ISSUED TO YOUR COMPANY FOR THE INVOLVED SERVICE. YOU POINTED OUT, HOWEVER, THAT A PURCHASE ORDER HAD BEEN ISSUED TO YOUR COMPANY FOR PACKING AND CRATING OF THE HOUSEHOLD GOODS AND THAT YOU WERE NOT ADVISED THAT THE LOCAL PART OF THE SHIPMENT HAD BEEN AWARDED TO ANOTHER CONTRACTOR. IN THIS REGARD YOU STATED THAT YOU NATURALLY ASSUMED, AS IN ALL OTHER CASES OF LOCAL AND STATESIDE SHIPMENTS REQUESTED FOR THE SAME DAY FROM A BASE WHERE YOU HOLD THE PACKING AND CRATING CONTRACT THAT IT WAS INTENDED THAT YOU WERE TO PERFORM BOTH SERVICES. THIS REGARD YOU STATED THAT IT WAS NOT POSSIBLE OR PRACTICAL TO HAVE TWO CONTRACTORS IN ONE HOUSE AT THE SAME TIME.

WHILE IT IS ESTABLISHED THAT THE INVOLVED SERVICES WERE PERFORMED WITHOUT AUTHORITY, ON THE BASIS OF THE RECORD SUBMITTED YOUR COMPANY IS ENTITLED TO PAYMENT ON A QUANTUM MERUIT BASIS FOR THE REASONABLE VALUE THEREOF, NOT TO EXCEED THE COST TO THE UNITED STATES, UNDER THE LOW ACCEPTABLE BID AND COSTS INCURRED BY THE UNITED STATES ARISING UNDER THE ACCEPTED LOW BID SUBMITTED BY CAVES. IN THIS REGARD, IT HAS BEEN ADMINISTRATIVELY REPORTED THAT A PAYMENT IN THE AMOUNT OF 2.0.0 POUNDS STERLING WAS MADE TO CAVES INCIDENT TO THE CANCELLATION OF THE PURCHASE ORDER ISSUED TO THAT FIRM.

ACCORDINGLY, ALLOWANCE OF YOUR CLAIM HAS BEEN AUTHORIZED IN THE AMOUNT OF 4.0.0 POUNDS STERLING. THE SETTLEMENT OF JUNE 17, 1963, IS REVISED ACCORDINGLY.