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B-184087 1 (1975-09-16)

handle is hein.gao/gaobadcoy0001 and id is 1 raw text is: 



                            THE   COMPTROLLER GENERAL
       DECISIONOF THE UNITED STATES
                             WASHINGTON, D.C. 2054B




FILE:    B-184087                  DATE:   September 16, 1975   7S 57Z

MATTER OF:       Haber Aircraft Company, Inc.


DIGEST:

  1.  In sale of surplus Government property, unused and in
      good condition, purchaser's bid modification by telegraph
      that was approximately 1.85 times next high bid, 3.4
      times current market appraisal, and 5.18 percent of
      acquisition cost, did not place contracting officer on
      constructive notice of possible error in bid.

  2.  When telegraphic bid modifications are authorized by
      invitation and telegraph company timely notified con-
      tracting officer by telephone, later confirmed in writing,
      of bid modification to include additional items, contract-
      ing officer may properly consider bid as modified.


      Haber  Aircraft Company, Inc. (Haber), has requested rescission
  of its contract awarded under a sealed bid sale of surplus air-
  craft components offered by the Defense Property Disposal Service,
  Memphis, Tennessee. Haber submitted a bid for numerous items.
  At the request of International Engine Parts, Inc., Haber modified
  its bid by telegraph, as authorized by the solicitation, to add
  bids for three other items including a bid of $1.02 each for
  item 301, turbine rotor blades. Notice of the modification was
  timely given to the contracting officer by telephone by the telegraph
  company and later confirmed in writing. The high bid of $38
  was discarded as not responsive due to its lack of signature.
  Haber was awarded contract No. 31-5208-077, which included item
  301, on February 7, 1975. Haber states that its bid for item
  301 was intended to be $0.102 but was erroneously transmitted
  to the Defense Surplus Sales Office by the telegraph company.
  International's worksheet confirms that the bid it intended Haber
  to submit for it was $0.102.

       The range of the other bids received was from $0.55 to
  $0.00002.  The total acquisition cost of the 10,000 rotor blades,
  which were described as unused and in good condition, was $196,800.
  The current market appraisal was $0.30 a unit.


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