B-156355, APR. 6, 1965

B-156355, APR. 6, 1965

TO MR. F. H. SPENCER, ACTING ADMINISTRATOR, AGRICULTURAL RESEARCH SERVICE, DEPARTMENT OF AGRICULTURE:

REFERENCE IS MADE TO YOUR LETTER OF MARCH 18, 1965, REQUESTING A DECISION AS TO WHETHER THE PACKARD INSTRUMENT COMPANY, INC., MAY BE ALLOWED AN ADDITIONAL AMOUNT OF $1,000 UNDER ITS CONTRACT OF DECEMBER 16, 1964, FOR FURNISHING AN INTEGRATED BETA LIQUID SCINTILLATION COUNTING SPECTROMETRY SYSTEM.

ON NOVEMBER 16, 1964, AN INVITATION FOR BIDS WAS ISSUED SOLICITING BIDS-- - TO BE OPENED ON DECEMBER 11, 1964--- FOR FURNISHING ONE COMPLETE SPECTROMETRY SYSTEM, AS DESCRIBED (ITEM 1), LESS TRADE-IN ALLOWANCE ONUSED GOVERNMENT-OWNED PACKARD TRI-CARB LIQUID SCINTILLATION SPECTROMETER, MODEL 314 EX, COMPLETE WITH SAMPLE CHANGER AND DEEPFREEZE, SERIAL NO. 932-27- 002, UNITED STATES PROPERTY NO. 99835-ARS (ITEM 1A OF INVITATION). THREE BIDS WERE RECEIVED. PACKARD INSTRUMENT BID $14,618 ON ITEM 1, LESS $4,000 FOR A TRADE-IN ALLOWANCE, OR A TOTAL OF $10,618. ANOTHER BIDDER QUOTED A PRICE OF $13,775 ON ITEM 1 BUT DID NOT SUBMIT A PRICE ON THE TRADE-IN ITEM. THE THIRD BIDDER SUBMITTED A QUOTATION OF $13,850 LESS A TRADE-IN ALLOWANCE OF $1,000 OR A NET OF $12,850.

ON DECEMBER 16, 1964, AN AWARD WAS MADE TO PACKARD INSTRUMENT IN THE AMOUNT OF $10,618 ($14,618 LESS TRADE-IN ALLOWANCE OF $4,000). DECEMBER 22, 1964, PACKARD INSTRUMENT REQUESTED CORRECTION OF THE TRADE IN ALLOWANCE FROM $4,000 TO $3,000 BECAUSE OF AN ERROR BY THE GOVERNMENT IN FURNISHING AN INCORRECT CITATION IN THE INVITATION TO THE MODEL NUMBER OF THE TRADE-IN INSTRUMENT. THE DESCRIPTION OF THE USED SPECTROMETER IN THE INVITATION AS "MODEL 314 EX" WAS BASED ON INFORMATION FURNISHED BY THE REQUISITIONING OFFICE. THE CONTRACTING OFFICER HAD NO WAY OF VERIFYING THE MODEL NUMBER OF THE TRADE-IN UNIT FROM HIS PROPERTY RECORDS. THE TRADE-IN EQUIPMENT WAS MANUFACTURED BY PACKARD INSTRUMENT AND THE SERIAL NUMBER CITED WAS CORRECT BUT MODEL 314 AX--- THE CORRECT MODEL NUMBER--- REPRESENTS EQUIPMENT THAT IS ONE YEAR OLDER THAN MODEL 314 EX. PACKARD INSTRUMENT HAS FURNISHED COPIES OF QUOTATIONS TO OTHER GOVERNMENT AGENCIES WHICH SHOW THAT IT WAS ALLOWING THE AMOUNT OF $2,500 AND $2,750 AS TRADE- IN FOR MODEL 314 AX.

SINCE PACKARD INSTRUMENT'S PRICE WILL STILL BE LOW IF THE REQUESTED CORRECTION IS ALLOWED AND SINCE THE GOVERNMENT WAS RESPONSIBLE, AT LEAST IN PART, FOR THE MISTAKE MADE BY PACKARD INSTRUMENT, THE CONTRACT PRICE MAY BE INCREASED TO ALLOW PAYMENT OF AN ADDITIONAL $1,000.