B-144952, FEB 20, 1961
Highlights
TO SECRETARY OF THE ARMY: REFERENCE IS MADE TO A LETTER DATED FEBRUARY 1. RELATIVE TO AN ERROR ALLEGED TO HAVE BEEN MADE BY THE LINK-BELT COMPANY IN ITS BID SUBMITTED IN RESPONSE TO INVITATION FOR BIDS NO. AS TO 14 UNITS PRICES WERE SOLICITED ON AN F.O.B. ORIGIN BASIS AND THESE 14 UNITS WERE IN TURN DIVIDED INTO TWO CLASSES. OF WHICH 10 UNITS WERE TO BE PREPARED FOR "DEPOT STORAGE AND OVERSEAS SHIPMENT" AND 4 UNITS WERE FOR IMMEDIATE USE AND REQUIRED LESS PACKING. ONE OF THE 15 UNITS WAS TO BE DELIVERED F.O.B. WAS FOR IMMEDIATE USE. ON PAGES 8 AND 9 OF THE INVITATION EACH BIDDER WAS REQUIRED TO FURNISH SHIPPING DATA FOR ALL ITEMS TO BE FURNISHED ON AN F.O.B. THE SHIPPING WEIGHT FOR EACH OF THE VARIOUS ITEMS WAS TO BE GUARANTEED BY EACH BIDDER AND WAS TO BE USED IN DETERMINING THE OVER-ALL COST TO THE GOVERNMENT FOR THE PURPOSE OF MAKING AWARD.
B-144952, FEB 20, 1961
TO SECRETARY OF THE ARMY:
REFERENCE IS MADE TO A LETTER DATED FEBRUARY 1, 1961, WRITTEN IN BEHALF OF THE ASSISTANT SECRETARY (LOGISTICS), RELATIVE TO AN ERROR ALLEGED TO HAVE BEEN MADE BY THE LINK-BELT COMPANY IN ITS BID SUBMITTED IN RESPONSE TO INVITATION FOR BIDS NO. DA-ENG-11-184-61-B 114, ISSUED BY THE U.S. ARMY ENGINEER PROCUREMENT OFFICE, CHICAGO, ILLINOIS.
THE INVITATION SOLICITED BIDS FOR FURNISHING VARIOUS WASHING AND SCREENING UNITS. ITEM 1B OF THE INVITATION COVERED 15 UNITS, DIVIDED INTO THREE CATEGORIES. AS TO 14 UNITS PRICES WERE SOLICITED ON AN F.O.B. ORIGIN BASIS AND THESE 14 UNITS WERE IN TURN DIVIDED INTO TWO CLASSES, OF WHICH 10 UNITS WERE TO BE PREPARED FOR "DEPOT STORAGE AND OVERSEAS SHIPMENT" AND 4 UNITS WERE FOR IMMEDIATE USE AND REQUIRED LESS PACKING. ONE OF THE 15 UNITS WAS TO BE DELIVERED F.O.B. RECEIVING DOCK, MARION ENGINEERING DEPOT, MARION, OHIO, AND WAS FOR IMMEDIATE USE. ON PAGES 8 AND 9 OF THE INVITATION EACH BIDDER WAS REQUIRED TO FURNISH SHIPPING DATA FOR ALL ITEMS TO BE FURNISHED ON AN F.O.B. ORIGIN BASIS. THE SHIPPING WEIGHT FOR EACH OF THE VARIOUS ITEMS WAS TO BE GUARANTEED BY EACH BIDDER AND WAS TO BE USED IN DETERMINING THE OVER-ALL COST TO THE GOVERNMENT FOR THE PURPOSE OF MAKING AWARD. AS TO ITEM 1B LINK-BELT COMPANY FURNISHED THE FOLLOWING INFORMATION:
TABLE
"ITEM NO. 1B "Z/I - DEPOT STORAGE AND OVERSEAS 855,155 LBS. PER UNIT
SHIPMENT (LEVEL A)
-------------------------------- ------- "Z/I - IMMEDIATE USE 853,455 LBS. PER UNIT
(LEVEL C) "
PAGE 8 OF THE INVITATION SHOWED THE VARIOUS DESTINATION POINTS FOR THE 14 UNITS TO BE FURNISHED ON AN F.O.B. ORIGIN BASIS AND THIS DATA WAS TO BE USED IN EVALUATING THE BIDS.
WHEN THE BIDS WERE OPENED IT WAS FOUND THAT THE LOW EVALUATED BID WAS SUBMITTED BY BARBER-GREENE CO. HOWEVER, IT WAS NOTED THAT THE WEIGHTS PER UNIT FOR ITEM 1B SUBMITTED BY THE LINK-BELT COMPANY WERE ENTIRELY OUT OF LINE WITH THE GUARANTEED SHIPPING WEIGHTS SUBMITTED BY OTHER BIDDERS. TO THE UNITS PREPARED FOR OVERSEAS SHIPMENT, LINK BELT COMPANY SHOWED A UNIT WEIGHT OF 855,155 POUNDS AND THE WEIGHTS SUBMITTED BY OTHER BIDDERS RANGED FROM 31,000 TO 65,830 POUNDS. AS TO THE UNITS TO BE FURNISHED FOR IMMEDIATE USE LINK-BELT SUBMITTED A WEIGHT OF 853,455 POUNDS PER UNIT AND THE OTHER BIDDERS SUBMITTED WEIGHTS RANGING FROM 31,000 TO 65,830 POUNDS.
IN REVIEWING THE BIDS, THE CONTRACTING OFFICER SUSPECTED THAT LINK BELT HAD MADE A MISTAKE IN ITS BID WITH REFERENCE TO THE SHIPPING WEIGHTS FOR ITEM NO. 1B AND REQUESTED VERIFICATION. BY LETTER DATED DECEMBER 22, 1960, LINK-BELT ALLEGED THAT IT MADE A MISTAKE IN THE GUARANTEED WEIGHTS AND REQUESTED THAT IT BE ALLOWED TO CORRECT THE MISTAKE. LINK-BELT ALLEGES THAT THE FIGURE OF 853,455 INSERTED AS THE WEIGHT OF EACH UNIT FOR "LEVEL C" (IMMEDIATE USE) WAS THE TOTAL WEIGHT FOR 15 UNITS AND THAT IT SHOULD BE DIVIDED BY 15 TO ARRIVE AT THE INTENDED WEIGHT OF 56,897 POUNDS. ALSO, LINK-BELT ALLEGES THAT THE WEIGHT INSERTED FOR "LEVEL A" (OVERSEAS SHIPMENT) WAS THE TOTAL WEIGHT FOR 15 UNITS PLUS 1700 POUNDS OF PACKING. THE WEIGHT OF 855,155 POUNDS THEREFORE SHOULD BE REDUCED BY 1700 POUNDS AND THE REMAINDER OF 853,455 POUNDS DIVIDED BY 15 RESULTING IN A FIGURE OF 56,897 POUNDS TO WHICH 1700 POUNDS SHOULD THEN BE ADDED FOR PACKING WHICH RESULTS IN A TOTAL WEIGHT OF 58,597 POUNDS PER UNIT.
YOUR QUESTION IN THE MATTER IS WHETHER LINK-BELT SHOULD BE ALLOWED TO CORRECT ITS BID AND THE BID EVALUATED ON THE BASIS OF THE CORRECTED UNIT WEIGHTS. IT IS STATED THAT THIS ACTION WOULD RESULT IN LINK-BELT SUPPLANTING BARBER-GREENE AS THE LOW BIDDER.
OUR OFFICE ORDINARILY DOES NOT PERMIT CORRECTION OF AN ERROR IN BID WHICH WOULD RESULT IN A BID NOT THE LOWEST SUBMITTED BECOMING THE LOWEST UNLESS THE AMOUNT OF THE INTENDED BID IS ASCERTAINABLE ON THE FACE OF THE INVITATION AND BID. SEE 37 COMP. GEN. 210. ALSO, SEE PAR. 2.406.3 (A) (3) OF ASPR. IT CANNOT BE DETERMINED FROM THE FACE OF THE INVITATION AND BID WHAT THE AMOUNT OF THE INTENDED BID SHOULD HAVE BEEN. ASIDE FROM THIS FACT, AN EXAMINATION OF THE WORKSHEETS OF LINK-BELT DOES NOT EVEN GIVE ANY CLEAR INDICATION AS TO WHAT THE AMOUNT OF THE INTENDED BID SHOULD HAVE BEEN.
IN VIEW OF THE FOREGOING THE BID OF LINK-BELT MAY NOT BE CORRECTED.