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THE RECORD ESTABLISHES THAT SINCE THE ULTIMATE DESTINATIONS FOR ALL ITEMS WERE OVERSEAS LOCATIONS. BIDS WERE SOLICITED ON AN F.O.B. BIDS WERE OPENED ON OCTOBER 3. WHILE YOU WERE THE LOW BIDDER BEFORE COMPUTATION OF DELIVERY COSTS. 980.63 A COMPARISON OF THE TOTAL CUBES INSERTED BY THE BIDDERS IN THE GUARANTEED SHIPPING DATA CLAUSE OF THE INVITATION INDICATED THAT THE GROSS CUBE SUBMITTED BY YOUR COMPANY WAS CONSIDERABLY ABOVE THE TOTAL CUBE SUBMITTED BY ANY OTHER BIDDER. YOU WERE REQUESTED TO AND DID VERIFY YOUR BID ON OCTOBER 8. IT IS WELL ESTABLISHED THAT THIS OFFICE DOES NOT PERMIT A CORRECTION OF AN ERROR IN BID WHICH WOULD RESULT IN A BID NOT THE LOWEST SUBMITTED BECOMING THE LOWEST.

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B-152804, DEC. 11, 1963

TO THE ALVEY-FERGUSON COMPANY:

IN YOUR TELEGRAM OF OCTOBER 31, 1963, YOU PROTEST THE AWARD OF A CONTRACT FOR CERTAIN AIR TERMINAL CARGO HANDLING SYSTEMS, CONVEYORIZED, BY DEFENSE GENERAL SUPPLY CENTER, RICHMOND, VIRGINIA, UNDER INVITATION FOR BIDS NO. DSA-4-64-181 ISSUED ON AUGUST 9, 1963.

THE RECORD ESTABLISHES THAT SINCE THE ULTIMATE DESTINATIONS FOR ALL ITEMS WERE OVERSEAS LOCATIONS, BIDS WERE SOLICITED ON AN F.O.B. ORIGIN BASIS ONLY. BIDS WERE OPENED ON OCTOBER 3, 1963. WHILE YOU WERE THE LOW BIDDER BEFORE COMPUTATION OF DELIVERY COSTS, THE ADDITION TO YOUR BID AND ONE OTHER OF INLAND FREIGHT, PORT HANDLING AND OCEAN SHIPPING COSTS RESULTED IN TOTAL DELIVERED COSTS TO THE GOVERNMENT AS FOLLOWS:

TABLE

BIDDER NO. 8 $779,477.07

THE ALVEY-FERGUSON COMPANY 783,980.63

A COMPARISON OF THE TOTAL CUBES INSERTED BY THE BIDDERS IN THE GUARANTEED SHIPPING DATA CLAUSE OF THE INVITATION INDICATED THAT THE GROSS CUBE SUBMITTED BY YOUR COMPANY WAS CONSIDERABLY ABOVE THE TOTAL CUBE SUBMITTED BY ANY OTHER BIDDER. YOU WERE REQUESTED TO AND DID VERIFY YOUR BID ON OCTOBER 8, 1963. SUBSEQUENTLY, ON OCTOBER 21, 1963, YOU ALLEGED THAT YOUR SUBCONTRACTOR HAD MADE A MISTAKE IN COMPUTING THE GROSS CHARGE, AND REQUESTED THAT YOU BE ALLOWED TO CORRECT THE ALLEGED MISTAKE.

THE RECORD ALSO ESTABLISHES THAT CORRECTION OF THE ALLEGED MISTAKE WOULD DISPLACE BIDDER NO. 8 AS THE LOW BIDDER. IT IS WELL ESTABLISHED THAT THIS OFFICE DOES NOT PERMIT A CORRECTION OF AN ERROR IN BID WHICH WOULD RESULT IN A BID NOT THE LOWEST SUBMITTED BECOMING THE LOWEST, UNLESS NOT ONLY THE ERROR BUT THE AMOUNT OF THE INTENDED BID WERE ASCERTAINABLE ON THE FACE OF THE INVITATION FOR BIDS. SEE 37 COMP. GEN 210. IN THE INSTANT CASE NEITHER THE ERROR NOR THE INTENDED BID CAN BE ASCERTAINED WITHOUT RESORT TO YOUR WORKPAPERS OR OTHER EXTRANEOUS EVIDENCE.

WE ARE ADVISED THAT AWARD WAS MADE TO THE LOW BIDDER ON OCTOBER 30, 1963. FOR THE REASONS GIVEN ABOVE, WE HAVE NO OBJECTION TO THE ACTION TAKEN BY THE ADMINISTRATIVE AGENCY.

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