About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline

B-179197 1 (1974-07-18)

handle is hein.gao/gaobadccs0001 and id is 1 raw text is: 0


0D1 m* ; BT:


I


-laim for proposl  preparation cosJt  ased
upon contejtionthat  claimant was ia led by
contracting officer's erroneous oral advice
as to fabric yardageastimate  for shirts
being procured is nor, supported by record
as such irregularities as did occur did not
result from arbitrary or capricious action.
See court case& cited,
*  10?


     Request for proposals (RFP) No. 60041 was issued on
June 14, 1573 by the Federal Supply Service, General Services
Administration (GSA), Denvet, Colorado, for 20;304 cotton
fire-resistant shirts in varying quantities of small, medium,
large, and extra-large sizes.  As the store stock supply of
these shirts vas completely exhausted due to the failure of
a prior contractor to perform Its obligation under a previous
supply contract, the solicitation wau negotiated  ursuant to
41 U.S.C. 6 25.(c)(2) (1970) on the trounds of public exigency.
In view of the procurement's urgent nuaure, the RFP was issued
by telegram and was subject to GSA Form 1424 and Standnrd
Forms (SF) 32, 33, and 33A.  Five potential offerors were
solicited, and b.V June 27, 1973, the closing date for receipt
of proposals, fiye offers were received.  While Airflote's
otherwise low offer af $10.65 per shirt was for only 1$,000
shirts in size dfferentials  indicated, the offer was ul-
timately determined to be acceptable becAuse paragraph 10(c)
of SF 33A provided that offers for less than the quantitius
specified were acceptable.  Airflote was iubsequently de-
termined to be a responsible offeror eligible for award.

     GSA decided to execute a contract for shirts on the basis
of the initial prices received.  Thus, on August 9, 1973, GSA
furnished a SF 33 contract and GSA Form 300 Purchase Order for
£,672 medium and 8,304 large shirts to Airflote for its exectu-
tion.  The cover letter to the contract documents stated
that a binding contract between Airflote and GSA would result
only if the documents were properly signed and accepted without


7o 8426
        I-~


BEST  DOCUMENT AVA\LABLE


SI   eq    ~        fl**      -......-. - --
                            I


at  *


I
I
V.'


(I


14


. L


                     %344r
                           TlE)HEC COMPTROLLl GENCIRAt.
                              F THM    UNITUn STATUrs
                  .1 .        WABHINGTON, 0,C.eo                p4r



FILe:   B-4179197                    DATE;   July 18, 1974

MATTER OF; Airflow, Incorporated  P    /


0

What Is HeinOnline?

HeinOnline is a subscription-based resource containing thousands of academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.



Contact us for annual subscription options:

Already a HeinOnline Subscriber?

profiles profiles most