B-157914, JAN. 28, 1966

B-157914, JAN. 28, 1966

TO TOWN AND COUNTRY PEST CONTROL, INCORPORATED:

FURTHER REFERENCE IS MADE TO YOUR LETTER OF OCTOBER 22, 1965, CONCERNING AN ALLEGATION OF ERROR IN YOUR BID AND YOUR PROTEST AGAINST THE PROPOSED AWARD OF A CONTRACT TO A COMPANY OTHER THAN YOUR FIRM UNDER DEPARTMENT OF THE AIR FORCE INVITATION FOR BIDS NO. 29-605-66-7, ISSUED BY THE PROCUREMENT DIVISION, CANNON AIR FORCE BASE, NEW MEXICO.

THE INVITATION REQUESTED BIDS FOR PERFORMING CERTAIN REPAIR AND MAINTENANCE WORK ON THE AIRMEN'S DORMITORIES AT THE CANNON AIR FORCE BASE, NEW MEXICO. THE WORK WAS DESCRIBED UNDER TWO PARTS OR "PHASES.' PHASE I CONSISTED OF EXTERIOR REPAIR WORK AND PHASE II, INTERIOR WORK. THE INVITATION REQUESTED INDIVIDUAL BIDS FOR PHASE I AND PHASE II WORK AND A SEPARATE TOTAL OR COMBINATION BID FOR PERFORMING ALL WORK UNDER BOTH PHASES. THE INVITATION FURTHER PROVIDED THAT AWARD WOULD BE MADE AS FOLLOWS:

"PHASE I ALONE (BIDDING SCHEDULE NO. 1

"PHASE II ALONE (BIDDING SCHEDULE NO. 2

"PHASE I AND II IN COMBINATION (BIDDING SCHEDULE NO. 3"

PROSPECTIVE BIDDERS WERE ADVISED IN THE INVITATION THAT THE COMBINATION BID ON PHASE I AND PHASE II WORK NEED NOT NECESSARILY BE THE SAME AS THE TOTAL OF INDIVIDUAL BIDS ON PHASE I AND PHASE II.

ELEVEN BIDS WERE RECEIVED AND OPENED ON OCTOBER 18, 1965. BIDS UNDER EACH OF THE THREE SCHEDULES, THAT IS, PHASE I, PHASE II AND COMBINATION OF PHASE I AND II, CONSISTED OF THE TOTAL OF UNIT PRICES BID FOR CERTAIN SPECIFIED ITEMS PLUS A LUMP SUM FOR ALL OTHER WORK NOT SPECIFICALLY CALLED FOR AS A SEPARATE ITEM. THE FOLLOWING 3 BIDS WERE THE LOWEST OF THE ELEVEN BIDS RECEIVED:

CHART

TOWN AND COUNTRY PEST CONTROL, INC.

INDIVIDUAL BIDS

PHASE IPHASE II

SPECIFIC ITEMS - $ 270.00 SPECIFIC ITEMS - $ 24,066.50

LUMP SUM ITEM - 42,814.00 LUMP SUM ITEM - 116,006.74

TOTAL - PHASE I- 43,084.00 TOTAL - PHASE II - 140,073.24

COMBINATION BID - PHASE I AND II

SPECIFIC ITEMS - $ 168.00 SPECIFIC ITEMS - $ 24,066.50

LUMP SUM ITEM - 41,814.00 LUMP SUM ITEM - 115,006.74

TOTAL - PHASE I- 41,982.00 TOTAL - PHASE II - 139,073.24

TOTAL - ENTIRE PROJECT (PHASE I AND PHASE II) - $181,055.24

R. B. WRIGHT COMPANY, ROSWELL, NEW MEXICO

INDIVIDUAL BIDS

PHASE I PHASE II COMBINATION (PHASE I AND II)

SPECIFIC ITEMS - $ 848.32 NO BID NO BID

LUMP SUM ITEM - 34,739.13

TOTAL - PHASE I- 35,587.45

JACK B. HENDERSON CONSTRUCTION COMPANY, ALBUQUERQUE, NEW MEXICO

INDIVIDUAL BIDS

PHASE I PHASE II

SPECIFIC ITEMS - $ 43.12 SPECIFIC ITEMS - $ 902.44

LUMP SUM ITEM - 39,758.00 LUMP SUM ITEM - 111,939.00

TOTAL - PHASE I- 40,102.00 TOTAL - PHASE II - 145,016.00

COMBINATION BID - PHASE I AND II

PHASE I PHASE II

SPECIFIC ITEMS - $ 324.00 SPECIFIC ITEMS - $ 902.44

LUMP SUM ITEM - 39,758.00 LUMP SUM ITEM 111,939.00

TOTAL - PHASE I - 40,102.00 TOTAL - PHASE II - 145,016.00

TOTAL - ENTIRE PROJECT (PHASE I AND PHASE II) - $185,118.00

IT IS REPORTED THAT THE JACK B. HENDERSON CONSTRUCTION COMPANY AND YOUR FIRM MADE MISTAKES IN THE EXTENSION OF UNIT PRICES, WHICH WERE OBVIOUS ON THE FACE OF THE BIDS AND, THEREFORE, WERE CORRECTED BY THE CONTRACTING OFFICER AS APPARENT CLERICAL MISTAKES PURSUANT TO THE AUTHORITY CONTAINED IN ASPR 2-406.2. THIS ACTION OF THE CONTRACTING OFFICER IS ALSO IN ACCORD WITH A PROVISION IN THE INVITATION WHICH STATES THAT "ALL EXTENSIONS OF THE UNIT PRICES SHOWN WILL BE SUBJECT TO VERIFICATION BY THE GOVERNMENT. IN CASE OF VARIATION BETWEEN THE UNIT PRICE AND THE EXTENSION, THE UNIT PRICE WILL BE CONSIDERED TO BE THE BID.' MAKING THE ABOVE CORRECTIONS THE CONTRACTING OFFICER DETERMINED THE LOWEST BIDS TO BE AS FOLLOWS:

PHASE I - R. B. WRIGHT COMPANY - $35,587.45

PHASE II - JACK B. HENDERSON CONSTRUCTION CO. - $139,808.92

COMBINED BID-ENTIRE PROJECT (PHASES I AND II) - TOWN AND COUNTRY PEST CONTROL INC. - $181,055.24

ON THE BASIS OF THE ABOVE BID EVALUATION THE CONTRACTING OFFICER PROPOSES TO MAKE THE FOLLOWING AWARDS:

PHASE I - TO R. B. WRIGHT COMPANY IN AMOUNT OF $35,587.45

PHASE II - TO JACK B. HENDERSON CONSTRUCTION COMPANY IN THE AMOUNT OF $139,808.92.

YOUR FIRM PROTESTS THE PROPOSED AWARD OF PHASE II WORK TO THE JACK B. HENDERSON CONSTRUCTION COMPANY ON THE BASIS THAT YOUR FIRM MADEA MISTAKE IN LISTING YOUR BID PRICE FOR THE LUMP SUM ITEM OF PHASE II, WHICH YOU CONTEND SHOULD BE CORRECTED AS AN APPARENT CLERICAL MISTAKE. THE EFFECT OF THE CORRECTION YOU REQUEST WOULD BE TO REDUCE YOUR TOTAL BID PRICE ON PHASE II FROM $140,073.24 TO $139,073.24. YOU CONTEND THAT THE PHASE II WORK SHOULD BE AWARDED TO YOUR FIRM ON THE BASIS OF THE CORRECTED BID AMOUNT OF $139,073.24 SINCE IT IS LOWER THAN THE CORRECTED BID OF $139,808.92 SUBMITTED BY THE JACK B. HENDERSON CONSTRUCTION COMPANY. YOU STATE THAT YOUR FIRM DID NOT CARE TO ACCEPT A CONTRACT FOR THE PHASE I WORK ALONE AND THAT THEREFORE YOU REQUESTED YOUR SECRETARY, WHEN TYPING THE BID, TO ADD THE SUM OF $1,000 TO YOUR LUMP SUM ITEM UNDER PHASE I. YOU ALLEGE THAT YOUR SECRETARY, THROUGH ERROR, ADDED THE SUM OF $1,000 NOT ONLY TO THE LUMP SUM ITEM UNDER PHASE I BUT ALSO THE LUMP SUM ITEM UNDER PHASE II, SO THAT YOUR BID FOR PHASE II WAS ACTUALLY $1,000 HIGHER THAN THE AMOUNT YOU INTENDED TO BID. YOU ALSO ALLEGE THAT YOU MADE ANOTHER MISTAKE IN LISTING THE UNIT PRICE OF ITEM 1A (6) OF PHASE II. YOU STATE THAT IT WAS YOUR INTENTION TO QUOTE A UNIT PRICE OF $7 INSTEAD OF $7.50 FOR ITEM 1A (6) OF PHASE II AND THAT THE EXTENDED AMOUNT SHOWN IN YOUR BID FOR THAT ITEM WOULD SUBSTANTIATE SUCH INTENTION. IN REGARD TO THE MISTAKE MADE ON ITEM 1A (6) OF PHASE II, THE RECORD SUPPORTS YOUR CONTENTION THAT YOU INTENDED TO QUOTE A UNIT PRICE OF $7 FOR THAT ITEM. HOWEVER, SINCE THE DOLLAR AMOUNT INVOLVED IS NOT SUFFICIENT TO DISPLACE BIDDER NO. 9, THE LOWEST BIDDER ON PHASE II, NO FURTHER CONSIDERATION AS TO THE CORRECTION OF THAT ITEM IS DEEMED NECESSARY.

THE RECORD ESTABLISHES THAT CORRECTION OF THE PRICE QUOTED BY YOU FOR THE LUMP SUM ITEM OF PHASE II WOULD DISPLACE BIDDER NO. 9, THE JACK B. HENDERSON CONSTRUCTION COMPANY, AS THE LOW BIDDER ON THAT PHASE OF THE WORK. IT IS WELL-ESTABLISHED THAT CORRECTION OF AN ERROR IN BID MAY NOT BE PERMITTED WHERE THE CORRECTION WOULD RESULT IN A BID NOT THE LOWEST SUBMITTED BECOMING THE LOWEST, UNLESS NOT ONLY THE ERROR BUT THE AMOUNT OF THE INTENDED BID WERE ASCERTAINABLE ON THE FACE OF THE INVITATION FOR BIDS.

IN 37 COMP. GEN. 210 IT WAS HELD (QUOTING SYLLABUS),

"TO PERMIT A BIDDER AFTER OPENING OF BIDS TO CORRECT AN ERROR, WHICH WAS NOT OBVIOUS ON THE FACE OF THE BID, SO THAT THE CORRECTED BID BECAME THE LOWEST BID AND DISPLACED ONE OR MORE BIDS WHICH HAD BEEN LOW WOULD BE PREJUDICIAL TO THE RIGHTS OF OTHER BIDDERS AND CONTRARY TO THE INTEREST OF THE GOVERNMENT IN THE PRESERVATION AND MAINTENANCE OF THE COMPETITIVE BIDDING SYSTEM.'

IN THE INSTANT CASE NEITHER THE ERROR NOT THE INTENDED BID ON THE LUMP SUM ITEM OF PHASE II CAN BE ASCERTAINED WITHOUT RESORT TO YOUR WORKSHEETS OR OTHER EXTRANEOUS EVIDENCE. IN VIEW OF THE FOREGOING, YOUR BID MAY NOT BE AMENDED.