B-166658, MAY 9, 1969
Highlights
HANNEBRINK: REFERENCE IS MADE TO YOUR LETTER OF APRIL 9. INVITATION FOR BIDS NO. 2508 WAS ISSUED ON SEPTEMBER 20. THE ESTIMATED NUMBER OF ACRES OF LAND SHOWN FOR ITEM NO. 1 WAS DETERMINED BY GOVERNMENT PERSONNEL WITH THE AID OF A TIMBER SALE CONTRACT MAP AND BY USING ACREAGES DERIVED FROM THE TRAVERSE OF THE TIMBER SALE IN ACCORDANCE WITH NORMAL GOVERNMENT PROCEDURE. CONTRACT NO. 14-11-0001-4390 WAS AWARDED ON NOVEMBER 15. IT IS REPORTED BY THE NORTH AREA RESOURCE MANAGER THAT THE GOVERNMENT PREPARED THE ESTIMATE OF 63 ACRES IN ITEM 1. THAT THE GOVERNMENT ERRONEOUSLY INCLUDED IN THIS ESTIMATE THE 14 ACRES WHICH WERE PRIVATELY OWNED BY INTERNATIONAL. SINCE THE PLANTING WAS DONE UNDER THE DIRECT.
B-166658, MAY 9, 1969
TO MRS. HANNEBRINK:
REFERENCE IS MADE TO YOUR LETTER OF APRIL 9, 1969, TRANSMITTING A VOUCHER STATED IN FAVOR OF THE GEORGE REFORESTATION COMPANY IN THE AMOUNT OF $342.30 AND REQUESTING WHETHER, UNDER THE CIRCUMSTANCES SET FORTH BELOW, THE VOUCHER MAY BE CERTIFIED FOR PAYMENT.
INVITATION FOR BIDS NO. 2508 WAS ISSUED ON SEPTEMBER 20, 1968, REQUESTING BIDS FOR THE PLANTING OF FOREST TREE SEEDLINGS ON GOVERNMENT-OWNED LAND. THE INVITATION SPECIFIED IN PERTINENT PART UNDER ITEM NO. 1 THAT PROJECT C -LU-69-1 CONTAINED AN ESTIMATED 63 ACRES OF LAND. THE ESTIMATED NUMBER OF ACRES OF LAND SHOWN FOR ITEM NO. 1 WAS DETERMINED BY GOVERNMENT PERSONNEL WITH THE AID OF A TIMBER SALE CONTRACT MAP AND BY USING ACREAGES DERIVED FROM THE TRAVERSE OF THE TIMBER SALE IN ACCORDANCE WITH NORMAL GOVERNMENT PROCEDURE. CONTRACT NO. 14-11-0001-4390 WAS AWARDED ON NOVEMBER 15, 1968, TO THE GEORGE REFORESTATION COMPANY. DURING THE PLANTING OF ITEM NO. 1 OF THE CONTRACT THE CONTRACTOR PLANTED SEEDLINGS ON 14 ACRES OF LAND OWNED BY THE INTERNATIONAL PAPER COMPANY (INTERNATIONAL). THE VOUCHER REPRESENTS A CLAIM BY THE CONTRACTOR FOR PAYMENT AT ITS BID PRICE OF $24.45 PER ACRE FOR PLANTING SEEDLINGS ON THE PRIVATE PROPERTY OF INTERNATIONAL.
IT IS REPORTED BY THE NORTH AREA RESOURCE MANAGER THAT THE GOVERNMENT PREPARED THE ESTIMATE OF 63 ACRES IN ITEM 1; THAT THE GOVERNMENT ERRONEOUSLY INCLUDED IN THIS ESTIMATE THE 14 ACRES WHICH WERE PRIVATELY OWNED BY INTERNATIONAL; AND THAT, SINCE THE PLANTING WAS DONE UNDER THE DIRECT, DAILY SUPERVISION OF GOVERNMENT PERSONNEL, THE CONTRACTOR SHOULD RECEIVE PAYMENT THEREFOR.
PARAGRAPH 31 OF THE ADDITIONAL GENERAL PROVISIONS OF THE INVITATION REQUIRED BIDDERS TO INSPECT THE PLANTING AREAS TO DETERMINE THE CONDITION OF THE TERRAIN. HOWEVER, NEITHER THAT PARAGRAPH NOR ANY OTHER PROVISION OF THE INVITATION OBLIGATED THE BIDDERS TO ASCERTAIN WHETHER THE GOVERNMENT HAD TITLE TO THE PROPERTY DESCRIBED IN THE INVITATION. HENCE, THE BIDDERS PROPERLY COULD ASSUME THAT THE GOVERNMENT HAD TITLE TO THE PROPERTY WHICH IT DESCRIBED IN THE PROJECT MAPS ACCOMPANYING THE INVITATION. SINCE THE ERROR WAS MADE BY THE GOVERNMENT AND SINCE THE PLANTING WAS DONE UNDER THE DIRECT, DAILY SUPERVISION OF GOVERNMENT PERSONNEL, THE CONTRACTOR SHOULD NOT BE REQUIRED TO ASSUME LIABILITY FOR THE IMPROPER PLANTING.
ACCORDINGLY, THE VOUCHER AND SCHEDULE OF PAYMENTS, STANDARD FORM1166, WHICH IS RETURNED HEREWITH, MAY BE CERTIFIED FOR PAYMENT.