B-175191, MAR 28, 1972

B-175191: Mar 28, 1972

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ALTHOUGH THE AUCTION PRICE FOR THE BINS WAS $20 A UNIT. CLAIMANT CONTENDS THAT HE WAS BIDDING ON THE BASIS OF $20 FOR THE LOT. ELLINGSEN'S CONTENTION THAT THE CONTRACTING OFFICER MADE NO ANNOUNCEMENT THAT BIDDING WAS TO BE ON A UNIT BASIS PRIOR TO THE AUCTIONING WERE ACCEPTED AS TRUE. ROBINSON: REFERENCE IS MADE TO LETTERS DSAH-G DATED FEBRUARY 9 AND 28. ELLINGSEN WAS AWARDED A CONTRACT AT AUCTION FOR 3 METAL BINS UNDER ITEM 85 AT $20 A UNIT FOR A TOTAL PRICE OF $60. THAT HE WAS BIDDING ON THE BASIS OF $20 FOR THE LOT AND CLAIMS THAT ITEM 85 SHOULD BE RELEASED TO HIM AT THAT PRICE. WHO WAS THE AUCTIONEER. HAS STATED THAT HE ANNOUNCED BEFORE OFFERING ITEM 85 THAT BIDS WERE TO BE ON A UNIT BASIS.

B-175191, MAR 28, 1972

CONTRACTS - AUCTION PROCEDURES - ALLEGED ERROR IN BID DECISION DENYING THE CLAIM OF FRANCIS H. ELLINGSEN FOR THE RELEASE OF THREE METAL BINS UNDER A CONTRACT AWARDED TO HIM AT AUCTION. ALTHOUGH THE AUCTION PRICE FOR THE BINS WAS $20 A UNIT, FOR A TOTAL PRICE OF $60, CLAIMANT CONTENDS THAT HE WAS BIDDING ON THE BASIS OF $20 FOR THE LOT. EVEN IF MR. ELLINGSEN'S CONTENTION THAT THE CONTRACTING OFFICER MADE NO ANNOUNCEMENT THAT BIDDING WAS TO BE ON A UNIT BASIS PRIOR TO THE AUCTIONING WERE ACCEPTED AS TRUE, PARAGRAPH 3(B) OF THE GENERAL SALE TERMS AND CONDITIONS AND SPECIAL LOCAL AUCTION CONDITIONS PROVIDES THAT BIDS BE ON A UNIT BASIS UNLESS OTHERWISE STIPULATED. SINCE ARTICLE DA(6) OF THE SPECIAL LOCAL AUCTION CONDITIONS STATES THAT BIDDERS ACKNOWLEDGE THEIR COMPLETE UNDERSTANDING OF THE AFOREMENTIONED TERMS BY SIGNING THE REGISTRATION CARD, THERE EXISTS NO AUTHORITY TO RELIEVE MR. ELLINGSEN OF HIS OBLIGATION TO TAKE DELIVERY OF THE BINS AT THE CONTRACT PRICE OF $60.

TO GENERAL WALLACE H. ROBINSON:

REFERENCE IS MADE TO LETTERS DSAH-G DATED FEBRUARY 9 AND 28, 1972, WITH ENCLOSURES, FROM THE ASSISTANT COUNSEL, HEADQUARTERS, CAMERON STATION, REGARDING THE CLAIM OF MR. FRANCIS H. ELLINGSEN, MANAGER, VALLEY VIEW DEVELOPMENT COMPANY, HUNTSVILLE, ALABAMA, CONCERNING AUCTION SALE NO. 21- 2020.

MR. ELLINGSEN WAS AWARDED A CONTRACT AT AUCTION FOR 3 METAL BINS UNDER ITEM 85 AT $20 A UNIT FOR A TOTAL PRICE OF $60. MR. ELLINGSEN CONTENDS, HOWEVER, THAT HE WAS BIDDING ON THE BASIS OF $20 FOR THE LOT AND CLAIMS THAT ITEM 85 SHOULD BE RELEASED TO HIM AT THAT PRICE. THE CONTRACTING OFFICER, WHO WAS THE AUCTIONEER, HAS STATED THAT HE ANNOUNCED BEFORE OFFERING ITEM 85 THAT BIDS WERE TO BE ON A UNIT BASIS. MR. ELLINGSEN CONTENDS THAT THE CONTRACTING OFFICER MADE NO ANNOUNCEMENT BEFORE AUCTIONING ITEM 85.

THE SALES CATALOG LISTED ITEM 85 AS "BIN: METAL 3 EACH." THE CATALOG INCORPORATED BY REFERENCE THE GENERAL SALE TERMS AND CONDITIONS AND SPECIAL LOCAL AUCTION CONDITIONS. PARAGRAPH 3(B) OF THE FORMER CONDITIONS PROVIDED:

" *** UNLESS THE INVITATION OTHERWISE PROVIDES, A BID COVERING ANY LISTED ITEM MUST BE SUBMITTED ON THE BASIS OF THE UNIT SPECIFIED FOR THAT ITEM

ARTICLE DA(2) OF THE LATTER CONDITIONS STATED:

"ALL ITEMS CATALOGED BY WEIGHT, COUNT OR MEASURE WILL BE SOLD IN LIKE UNITS UNLESS SPECIFICALLY CHANGED BY ANNOUNCEMENT BY THE AUCTIONEER. ***

THUS, IF, AS MR. ELLINGSEN CONTENDS, THE CONTRACTING OFFICER AUCTIONEER MADE NO ANNOUNCEMENT OF THE BASIS UPON WHICH ITEM 85 WAS TO BE SOLD, IT REMAINED FOR SALE ON A UNIT-PRICE BASIS AS PROVIDED IN THE CONDITIONS OF THE SALE. IN THAT REGARD, ARTICLE DA(6) OF THE SPECIAL LOCAL AUCTION CONDITIONS PROVIDED:

" *** ALL BIDDERS ACKNOWLEDGE (BY SIGNING THE REGISTRATION CARD) THAT THEY HAVE FULL AND COMPLETE UNDERSTANDING OF THE TERMS AND CONDITIONS, AND AGREE TO BE BOUND THEREBY."

IN THESE CIRCUMSTANCES, THERE IS NO AUTHORITY TO RELIEVE MR. ELLINGSEN OF HIS OBLIGATION TO TAKE DELIVERY OF ITEM 85 AT THE CONTRACT PRICE OF $60.