About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline
LOG IN
LOG IN

B-185093 1 (1976-01-02)

handle is hein.gao/gaobaddtu0001 and id is 1 raw text is: p THE COMPTROLLER GENERAL DECISI ll . OF THE UNITED STATES WASHINGTON, 0. C. 20546 FILE: B-185093 DATE: January 2, 1976 MATTER OF: Eveready Machinery Company DIGEST: Where contracting agency admits that contracting officer should have been on notice prior to award of possibility of error in bid modification since telegraphic bid modifi- cation for surplus sale listed 38 items in ascending sequence except for contested Item 12, which was listed between Items 111 and 113, contract awarded for Item 12 at price increased by modification is rescinded. Invitation for bids (IFB) No. 27-5312 was issued by the Defense Property Disposal Service (DPDS) for the sale of 322 different numbered items of machine tools, shop equipment, and special industry machinery. Eveready Machinery Company (Eveready) submitted bids on a number of the items. Its bids wcrc listed on an invitation page with the bid price item number listed on the same line. The items were listed in ascending numerical order with three of the listed items (Items 13, 14 and 127) out of sequence. Furthermore, the bid included a telegfaphic modifica- tion received before the May 29, 1975 bid opening, which listed 38 of the items in numerical sequence, except for Item 12, which appeared in the telex after Item 111 and before Item 113. With regard to Item 12, the telex modification stated that $1,000 should be added to Eveready's bid for that item. Item 12 was listed in the sales invitation as a Shearing and Squaring Machine in poor condition, total cost of $3,664. Eveready's listed price in the invitation page for Item 12 was $199.99. Adding $1,000, the total bid price became $1,199.99, at which price Eveready was the high bidder for Item 12, the next low bids being $757 and $555. Accordingly, on June 5, 1975, Item 12 was awarded to Eveready for $1,199.99. On June 9, 1975, Eveready's president telephoned DPDS, stating that the telegraph company had made a mistake in trans- mission. A follow-up letter from the contractor stated that the -1 -

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:

Contact Us

Already a HeinOnline Subscriber?

Log In

profiles profiles most