The San Francisco 49ers are stunned by the tampering charges and subsequent penalties levied by the NFL that will cost the team a draft pick and draft position, according to a source familiar with the situation.

NFL Commissioner Roger Goodell announced yesterday that the 49ers will lose their fifth-round pick in the upcoming draft after concluding that the team had tampered with Chicago Bears linebacker Lance Briggs without the Bears' permission.

Goodell also ruled that the Bears and 49ers will switch third-round picks, with the Bears getting the seventh pick in the round and the 49ers dropping to 12th.

The 49ers insist that the only evidence is two phone calls — both missed calls — from the team to the agent, Drew Rosenhaus. The team said no conversation took place and that no message was left.

Rosenhaus represents many NFL players and, the source said, the 49ers told Goodell that they called the agent because they were interested in bringing back recently released receiver Taylor Jacobs.

The Bears felt otherwise and filed tampering charges with the league office. Bears CEO Ted Phillips, reacting to Goodell's actions, released a statement that said:

"We are appreciative of the efforts of the league office on this matter and support the commissioner's decision."

The commissioner supported the Bears' allegations that the 49ers contacted Rosenhaus, the agent for the three-time Pro Bowl linebacker, during the season.

49ers General Manager Scot McCloughan responded to the announcement with a written statement:

"The 49ers organization respects Commissioner Goodell's ruling today; however, we do disagree with it.

"This was not a malicious act; we believe that our intent was within the NFL guidelines. Going forward, we will take the necessary steps to ensure we are in compliance with the NFL's interpretation."

Briggs played last season on a one-year tender as the Bears' franchise player and had been expected to leave via free agency. He wound up re-signing with the Bears, landing a six-year contract for $36 million, with $13 million guaranteed.