Eagle Aviation, Inc. v. United States

33 Cont. Cas. Fed. 74,055, 9 Cl. Ct. 128, 1985 U.S. Claims LEXIS 888
CourtUnited States Court of Claims
DecidedNovember 5, 1985
DocketNo. 529-84C
StatusPublished
Cited by4 cases

This text of 33 Cont. Cas. Fed. 74,055 (Eagle Aviation, Inc. 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
Eagle Aviation, Inc. v. United States, 33 Cont. Cas. Fed. 74,055, 9 Cl. Ct. 128, 1985 U.S. Claims LEXIS 888 (cc 1985).

Opinion

OPINION

LYDON, Judge:

This contract case comes before the court on defendant’s motion for summary judgment and plaintiff’s opposition thereto. The initial question presented to the court is whether there existed a contract between defendant and plaintiff. If this question is answered in the affirmative, then the follow-on issues of the propriety of the default termination of the contract by defendant and the resulting excess costs assessment associated with reprocurement thereof must be addressed by the court. For reasons that follow, defendant’s motion for summary judgment is granted.

A. Contract Formation

Plaintiff’s basic position is that the parties never entered into a viable contract. On review of the pertinent documents, the court concludes that a contract was entered into by the parties.

On February 18, 1983, the United States Postal Service (Postal Service) issued Solicitation No. 503-01-83 (Request For Proposals (RFP)) requesting bids for a contract to transport mail by Air Taxi Mail Service between Alliance and Omaha, Nebraska, with stop-overs at North Platte and Grand Island, Nebraska (Air Taxi contract). The RFP stated that bids would be opened on April 1, 1983, and that a contract would be awarded for the term beginning on May 14, 1983 and ending on June 30, 1985 (25V2 months). The RFP also advised that the contract would be administered by the Transportation Management Office (TMO) of the Postal Service in Des Moines, Iowa. The contracting officer was the Manager of the TMO.

The specifications, included in the RFP, stated that the contractor would be required to provide two multi-engine aircraft capable of carrying 2,000 pounds of mail on the specified route and schedule set forth therein. The RFP also contained a section entitled “Taxi Contract Information And Instructions” which provided, under Part II, B. Award of Contract, in pertinent part as follows:

1. All contracts shall be in the name of the U.S. Postal Service and must be awarded to the bidder submitting the lowest responsible, responsive bid or to the offeror whose proposal is most advantageous to the Postal Service.
* * * * * *
3. The lowest responsible, responsive bid or the proposal selected as the most advantageous shall become the contract form. When it is accepted and signed by the contracting officer, it shall be recognized as the contract for the specified service at the rate stated therein.

The Instructions also advised that bids could not be withdrawn or modified after bid opening (Part II, C. 3).

On March 25, 1985, plaintiff submitted a bid in response to the RFP. As required by the RFP, plaintiff, through its President, completed and signed, inter alia, “Form 7456” Cost Work Sheet and “Form 7452” Aircraft Description. On Form 7456, plaintiff, under “Aircraft,” wrote in the appropriate blank spaces “Aero Commander, 560F, To Be Purchased, 120,000 [“Investment In Route”].” On Form 7452, [130]*130which plaintiff completed and signed, plaintiff stated it proposed to use: “Aircraft Make Aero Commander; Model 560F; Engine Make Lycoming; Model 160540B1A; Horsepower 350; Registration Number N. To Follow; Serial Number To Follow; Airworthiness Certificate Type Utility; Date current.” (Plaintiff supplied the underscored information.) On Form 7453 Air Taxi Modifications, plaintiff again stated the aircraft to be used to perform the contract was “To Be Purchased.”

Eight bids were submitted in response to the RFP. When the bids were opened on April 1, 1983, as scheduled in the RFP, it was revealed that plaintiff was the lowest bidder. The bids ranged from a low of $1.3892 per GCM (Great Circle Mile—an air navigation measurement term) to a high of $1.88 per GCM. The second lowest bid was $1.4695 per GCM and the second highest bid was $1,795 per GCM. The third to sixth lowest bids were in the $1.5 per GCM range.

By letter dated April 4, 1983, the contracting officer (the TMO Manager) notified plaintiff that its bid was the “lowest responsive bid.” Further, the contracting officer requested, inter alia, certain financial information of plaintiff, and also inquired whether there might be a possible error in its bid and thus required of plaintiff a written verification of said bid price of $1.3892 per GCM.

The TMO thereafter conducted a preaward review relative to plaintiff’s ability to perform the contract. This review was conducted by the Des Moines TMO’s transportation officer Robert V. Smith (Smith), who served as an assistant to the contracting officer. Smith analyzed the information and documents furnished by plaintiff, ascertained that a prior air taxi contract with the Postal Service had been satisfactorily performed, and found no indication that plaintiff would be unable to perform the work called for under the RFP. Accordingly, Smith recommended to the contracting officer that plaintiff be awarded the contract.

Under cover of a letter dated April 26, 1983, the contracting officer transmitted to plaintiff a Notice of Acceptance of plaintiff’s bid re Solicitation No. 503-01-83 (RFP). This Notice advised plaintiff in pertinent part:

Your bid or proposal submitted in response to the solicitation specified above for carrying and/or handling the United States Mail in accordance with your bid or proposal is hereby accepted for the term named herein [May 14, 1983—June 30, 1985],

On that same date, April 26, 1983, the contracting officer signed Form 7405 entitled “Transportation Services Bid Or Proposal And Contract,” previously signed by plaintiff’s president, George Bye, on March 25, 1983. Form 7405 provided in pertinent part:

In compliance with the solicitation of the U.S. Postal Service described above, the above named bidder/offeror proposes to provide the service called for in said solicitation and, in the case of a negotiated contract, in the description of service attached hereto and made a part hereof, at the rate of compensation set out above. The bidder/offeror submitting the offer or proposal agrees with the U.S. Postal Service that if this offer or proposal is accepted, the bidder offeror will give personal or representative supervision to the performance of the service. The bidder/offeror certifies that this proposal is made in his own interest and not by him as the representative of another person or company and with full knowledge of the required conditions of service.
The solicitation and all attachments are incorporated by reference as a part of this bid or proposal.
This bid or proposal is made in good faith and with the intention to enter into contract to perform service in case the bid or proposal shall be accepted.

The letter of April 26, 1983, supra, also transmitted to plaintiff a copy of the signed and executed Form 7405 together with an Abstract of bids and copies of the solicitation, instructions and other Forms, which [131]*131together comprised the complete air taxi contract, No. C-3-83-2-2. As to Form 7452, Aircraft Description, which plaintiff had previously submitted to TMO on March 25,1983 when it submitted its bid, the April 26, 1983 letter stated:

An updated Form 7452 showing actual aircraft registration number must be provided to this office prior to the beginning of service.

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Cite This Page — Counsel Stack

Bluebook (online)
33 Cont. Cas. Fed. 74,055, 9 Cl. Ct. 128, 1985 U.S. Claims LEXIS 888, Counsel Stack Legal Research, https://law.counselstack.com/opinion/eagle-aviation-inc-v-united-states-cc-1985.