Carrier Corp. v. United States

32 Cont. Cas. Fed. 72,717, 6 Cl. Ct. 169, 1984 U.S. Claims LEXIS 1345
CourtUnited States Court of Claims
DecidedAugust 7, 1984
DocketNo. 534-83C
StatusPublished
Cited by14 cases

This text of 32 Cont. Cas. Fed. 72,717 (Carrier Corp. v. United States) is published on Counsel Stack Legal Research, covering United States Court of Claims primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Carrier Corp. v. United States, 32 Cont. Cas. Fed. 72,717, 6 Cl. Ct. 169, 1984 U.S. Claims LEXIS 1345 (cc 1984).

Opinion

OPINION

LYDON, Judge:

In this Contract Disputes Act case, see 41 U.S.C. § 609(a)(1) (Supp. V. 1981), plaintiff, in its complaint, seeks reformation, or alternatively, an equitable adjustment, of a mechanical maintenance service contract it entered into with the General Services Administration (GSA) on the ground of a unilateral pre-bid mistake on plaintiff’s part relative to its bid submission. While plaintiff, in response to the contracting officer’s request for bid verification, did verify its bid, plaintiff contends that the contracting officer’s bid verification request was inadequate and in violation of the duty imposed on contracting officers by applicable Federal Procurement Regulations (FPR). Defendant, in its answer to said complaint, disputes plaintiff’s contention. The issue, as framed by the pleadings, is the adequacy and propriety of the contracting officer’s bid verification request.

Defendant has moved for summary judgment, to which it has attached evidentiary material in support thereof. Plaintiff opposes defendant’s motion on the ground that material issues of fact exist which render disposition by summary judgment inappropriate. Plaintiff does not support its opposition by any evidentiary material or by any affidavit. Plaintiff did attach to its complaint copies of the contract documents, i.e., the Solicitation, Amendments thereto and the Contract itself. After consideration of the pleading and the briefs of the parties, and without oral argument, the court concludes that defendant’s motion for summary judgment should be granted.

I.

On July 2, 1982, GSA issued an Invitation for Bids (IFB) for mechanical maintenance service at the United States Customhouse in Chicago, Illinois. The bid opening time and date was set for 11:00 a.m. on July 27, 1982. Under Part 4, subpart 9, entitled “Repairs” of the IFB, the contractor was required to perform, as part of the services to be provided under the contract, “all incidental repairs necessary to prevent a breakdown or failure of a piece of equipment or systems.” This same subpart also provided that “[t]he contractor will not be required to perform any minor repairs under this contract.” In essence, the IFB provided that the contractor would be responsible, as part of the contract price, for incidental, but not for minor repairs.

Part 3, subparts 2 and 3 of the IFB defined “Minor Repairs” and “Incidental Repairs”. In substance, minor repairs were defined as unscheduled work where [171]*171the cost “is expected to exceed $1,000 but not more than $10,000 for labor, supervision, supplies and contractual services.” Incidental repairs were defined as follows:

Incidental maintenance, repairs, replacement, and modifications required whose estimated cost exceeds three manhours of labor and is $1,000 or less. The repair may be required to prevent a breakdown of a piece of equipment or system or to put it back in service after a breakdown or failure where the nature of the work is not already included in the tour, watch, preventive maintenance and service call programs.

As a result of these definitions, the contractor’s repair obligations under the IFB were limited to repairs costing $1,000 or less.

The July 2, 1982, IFB was thereafter amended twice. Amendment No. 1, effective July 26, 1982, postponed the bid opening time and date pending issuance of Amendment No. 2 which was to change certain requirements in the IFB as well as set a new bid opening time and date. Amendment No. 2, effective July 27, 1982, which served as the catalyst for this litigation, amended Part 4, subpart 9, entitled “Repairs”, discussed above, to provide that “[a]s part of the services provided under this contract, the contractor shall perform all incidental and minor repairs necessary to prevent a breakdown or failure of a piece of equipment or systems.” This sub-part was also amended to provide that “[t]he contractor will not be required to perform any repair work over $10,000 under this contract. The critical effect of Amendment No. 2 was to increase the types of repairs for which the contractor would be responsible under the contract from those costing $1,000 to those costing $10,000. Amendment No. 2 advised the new bid opening time and date was 11:00 a.m. on August 18, 1982. Amendment No. 2 contained 17 pages. Plaintiff received Amendment No. 2 shortly after it was issued.

On August 18,1982, the bids, in response to the IFB, were opened. The bid abstract showed that plaintiff, as low responsive bidder, quoted a monthly price of $5,957, and an hourly overtime charge of $28. The next lowest responsive bidder quoted a monthly price of $11,900, and an hourly overtime charge of $50. The highest responsive bidder quoted a monthly price of $14,070, and an hourly overtime charge of $29. The Bid Opening Attendance Record shows that a representative of Carrier was present at the bid opening and most probably was aware of the quoted .prices of the other bidders after the bids were opened.

On September 10, 1982, the contracting officer wrote plaintiff in pertinent part:

Government Procurement Regulations require that the Contracting Officer request verification of a bid where it is suspected that a mistake may have been made. It is requested that your bid prices of $5,957.00 per month for the services and $28.00 per hour for overtime be verified. This request is made since ■ your bid price is out of line with the Government estimate and other bids received.

Plaintiff responded to this letter on September 13, 1982, in pertinent part as follows:

We have reviewed our estimate and have verified that our bid price is correct in accordance with job specifications.
Accordingly, we are looking forward to receiving your maintenance service order for these facilities with an effective date of November 1, 1982.

By letter dated October 7, 1982, the contracting officer advised plaintiff in pertinent part:

Your bid on Invitation for Bid GS-05B-42258, for mechanical maintenance service at the U.S. Customhouse, 610 S. Canal, Chicago, Illinois for the period November 1, 1982 through October 31, 1985, is accepted for award at a price of $5,957.00 per month for the period involved and with an hourly overtime rate of $28.00. Accordingly, your firm is awarded the enclosed contract of the same number.

[172]*172Plaintiff was given notice to proceed under the contract on October 21, 1982, with performance to begin on November 1, 1982.

By letter dated November 8, 1982, plaintiff advised the contracting officer in pertinent part that:

In reviewing the entire bid process from Carrier’s end, I have been able to determine the events which led to our error. I offer them now for. your review,; and would appreciate the opportunity to meet with you to further discuss and explain as necessary.
The original specifications were received in this office the second week of July. They were reviewed and a bid was prepared for the original July 22, 1982 opening date. Subsequent to that we were notified that the bid date was postponed. We reviewed Amendment # 1, which put us on notice that Amendment # 2 would be forthcoming. At this time, the gentleman handling this bid preparation, along with three other G.S.A.

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Bluebook (online)
32 Cont. Cas. Fed. 72,717, 6 Cl. Ct. 169, 1984 U.S. Claims LEXIS 1345, Counsel Stack Legal Research, https://law.counselstack.com/opinion/carrier-corp-v-united-states-cc-1984.