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B-182380 1 (1975-02-09)

handle is hein.gao/gaobadcep0001 and id is 1 raw text is: 
                           r  HE  COMPTROLLER GENERAL
DECISION                     I* F THE    UNITED      STATES
                             WV ASHINGTON, D.C. 2054E




FILE: B-182380                     DATE:   February 19, 1975

MATTER OF:      Rogers Trading Company, Inc.


DIGEST:

     Where Government's administrative error in sale of surplus
     property resulted in notification of award being sent to
     second highest bidder on bidders' abstract list, unauthor-
     ized award must be set aside and property awarded to bidder
     who submitted highest total price bid.



     Rogers Trading Company, Inc. (Rogers) protested the award of a
 contract to M P Surplus Sales (M P) for Item 5 under sales invita-
 tion for bids (IFB) No. 31-5094 issued by the Defense Property
 Disposal Service (DPDS), Battle Creek, Michigan.

      Item 5, described as 41 flyers' helmets, was advertised as
 one lot with a total acquisition cost of $3,376 and estimated
 weight of 110 pounds. Bids were to be submitted in accordance
 with paragraph 5(b) of the General Sale Terms and Conditions
 (Standard Form 114C, January 1970 edition), incorporated by
 reference in the sale (page 20 of the IFB), which stated:

          (b)  When bids are solicited on a 'lot' basis,
          Bidders should submit a single total price in the
          Total Price Bid column of the bid sheet. Bidders
          should not make any entry in the Unit Price Bid
          column.  In the event a Bidder submits a total bid
          price and also a unit bid price which are not
          identical, the unit bid price will not be con-
          sidered.

     The record indicates that all bids received at the September 17,
 1974, opening were turned over to the keypunch section for processing
 at DPDS, and then forwarded to the Defense Property Disposal Region-
 Memphis for audit. The bidder abstract listing showed Bidder 40
 (M P) to be the high bidder for Item 5 with a total price bid of
 $167.22. However, during the audit it was discovered that the


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