B-154375, JUN. 17, 1964

B-154375, JUN. 17, 1964

TO F AND M SCIENTIFIC CORPORATION:

THIS REFERS TO YOUR LETTER OF FEBRUARY 25, MARCH 13, AND APRIL 29, 1964, WITH ENCLOSURES, CLAIMING $435 AS AN ADDITIONAL AMOUNT DUE YOU UNDER PURCHASE ORDER NO. N-4108-ARS-64, ISSUED BY THE UNITED STATES DEPARTMENT OF AGRICULTURE.

THE PURCHASE ORDER COVERS THE FURNISHING, INSTALLATION AND DEMONSTRATION OF A GAS CHROMATOGRAPH, WITH ACCESSORIES, SPARE PARTS AND SUPPLIES, AT A TOTAL PRICE OF $3,749.29. YOU RECEIVED THE AWARD ON NOVEMBER 27, 1963, BASED ON YOUR LOW BID UNDER INVITATION FOR BIDS NO. 30-N-ARS-64. THE BASIC ITEM WAS SET FORTH IN THE INVITATION IN PART AS FOLLOWS:

"FURNISH, INSTALL, AND DEMONSTRATE PROPER OPERATION OF GAS CHROMATOGRAPH, COMPLETE WITH RECORDER, TWO (2) PACKED STAINLESS STEEL TEST COLUMNS TWO FEET IN LENGTH, ONE 10 UL HAMILTON OR EQUAL SYRINGE (WITH FIXED NEEDLE), TWELVE (12) SILICONE SEPTA, TWO (2) CHART PENS (RED AND BLUE) AND ONE ROLL OF CHART PAPER. THE INSTRUMENT SHALL OPERATE ON 115 VOLT, 60 CYCLE ALTERNATING CURRENT, ALL IN ACCORDANCE WITH THE FOLLOWING SERVICE REQUIREMENTS AND SPECIFICATIONS. * * *"

"THE INSTRUMENT SHALL INCLUDE THE FOLLOWING ADDITIONAL ACCESSORIES AND SUPPLIES:

"/A) TWELVE (12) ROLLS OF CHART PAPER. (11-INCH WIDTH).

"/B) ONE (1) GROSS SILICONE SEPTA.

"/C) DIETHYLENE GLYCOL SUCCINATE (20 PERCENT) ON CHROMOSORB W, OR EQUAL, 80-100 MESH (ACID WASHED).

"/D) ONE (1) GAS PRESSURE REDUCTION VALVE AND GAUGES FOR UES WITH STANDARD HELIUM TANK.'

YOU BID ON THE BASIC ITEM AS FOLLOWS:

"MODEL 720R-0010 DUAL COLUMN PROGRAMMED HIGH TEMPERATURE GAS CHROMATOGRAPH, WITH M-R $3570.00 RECORDER Y153-999.'

THE SPECIFICATIONS FOLLOWED THE ITEM DESCRIPTIONS, AND PARAGRAPH 4 THEREOF PROVIDED THAT:

"4. THE INSTRUMENT SHALL BE SUPPLIED WITH A SUITABLE RECORDER EQUIPPED WITH A DISC INTEGRATOR SO AS TO RECORD ON CHART PAPER THE ELUTION PEAKS AND TO INDICATE SEPARATELY ON THE SAME PAPER BY MEANS OF A SECOND LINE, A PLOT OF THE AREA OF THE RESPECTIVE PEAKS OBTAINED BY INTEGRATION. * * *"

UPON DELIVERY OF YOUR EQUIPMENT THE DEPARTMENT NOTED THAT YOU HAD FAILED TO INCLUDE THE DISC INTEGRATOR SPECIFIED IN PARAGRAPH 4 OF THE SPECIFICATIONS, QUOTED ABOVE. YOU HAVE SINCE SUPPLIED THIS ITEM AND COMPLETED INSTALLATION OF THE EQUIPMENT, BUT YOU CLAIM AN ADDITIONAL AMOUNT FOR THE DISC INTEGRATOR. YOU CONTEND THAT YOU DID NOT OFFER THE DISC INTEGRATOR WITH YOUR BID. YOU REFER TO YOUR EQUIPMENT CATALOGUES, LISTING YOUR MODEL 720R-0010 (INCLUDING THE Y-153-999 MINNEAPOLIS- HONEYWELL RECORDER) AT A PRICE OF $3,570, AND LISTING THE DISC INTEGRATOR AS AN ADDITIONAL ITEM PRICED AT $585. YOU CONCLUDE THAT SINCE YOU LEFT OUT ANY REFERENCE TO A DISC INTEGRATOR IN YOUR BID, YOU DID NOT OFFER TO SUPPLY THE ITEM. ALTERNATIVELY YOU CONTEND THAT THE CONTRACTING OFFICER SHOULD HAVE NOTICED FROM YOUR LOW PRICE AND FROM YOUR CATALOGUE PRICES THAT YOU MISTAKENLY FAILED TO INCLUDE IN YOUR BID A PRICE FOR A DISC INTEGRATOR. IN THIS CONNECTION YOU SAY THAT THE INVITATION BY MERELY REFERRING TO A DISC INTEGRATOR IN PARAGRAPH 4 OF THE SPECIFICATIONS WHILE SPECIFICALLY LISTING OTHER ACCESSORIES AND SUPPLIES (ITEMS 1A THROUGH D) FAILED TO SUFFICIENTLY APPRISE BIDDERS OF THE DISC INTEGRATOR REQUIREMENT.

WE CANNOT AGREE WITH YOU THAT YOUR BID DID NOT INCLUDE THE DISC INTEGRATOR REQUIREMENT SPELLED-OUT IN PARAGRAPH 4 OF THE SPECIFICATIONS. THE BASIC ITEM DESCRIPTION (PAGE 3 OF THE INVITATION, QUOTED ABOVE) STATED THAT THE INSTRUMENT WAS TO BE IN ACCORDANCE WITH THE SPECIFICATIONS. YOU DID NOT STATE ANY EXCEPTIONS TO THE SPECIFICATIONS IN YOUR BID. PERHAPS THE DISC INTEGRATOR COULD BEST HAVE BEEN LISTED UNDER THE ACCESSORY ITEMS. NEVERTHELESS, THE ITEM WAS A REQUIREMENT IN THE SPECIFICATIONS WHICH YOU ASSUMED WITH YOUR BID.

YOUR TOTAL BID (WITH ACCESSORIES) WAS $3,749.29. THE OTHER BIDS RANGED FORM $4,192 TO $4,345 TO A HIGH OF $6,095.40. ON A RECENT PROCUREMENT FOR THE SAME ITEM YOU RECEIVED AN AWARD (INCLUDING A DISC INTEGRATOR) AT $4,288.80. ALSO, YOUR CATALOGUE PRICES ON THE BASIC UNITE WITH RECORDER AND DISC INTEGRATOR AND UP TO $4,125. BUT YOUR BID ON THIS INVITATION WAS NOT OUT-OF-LINE WITH THE OTHER BIDS. WE BELIEVE THAT THE CONTRACTING OFFICER COULD REASONABLY HAVE ASSUMED THAT YOUR FIRM WOULD OFFER A BID LOWER THAN YOUR "OPEN" PRICE. UNDER THE CIRCUMSTANCES, WE CONCLUDE CONTRACTING OFFICER ACCEPTED YOUR BID IN GOOD FAITH. SEE 40 COMP. GEN. 326.

ACCORDINGLY, YOUR CLAIM FOR AN ADDITIONAL AMOUNT UNDER THE CONTRACT IS DENIED.