B-114768, MAY 4, 1953

B-114768: May 4, 1953

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PRECIS-UNAVAILABLE THE SECRETARY OF THE AIR FORCE: REFERENCE IS MADE TO LETTER OF APRIL 17. TO HAVE BEEN MADE IN HIS BID DATED MARCH 4. ARE AUTHORIZED TO SUBMIT QUESTIONS TO THE COMPTROLLER GENERAL OF THE UNITED STATES FOR DECISION. THE DECISION IS BEING RENDERED TO YOU IN THIS INSTANCE. IT IS STATED THAT BASE INSTALLATION OFFICER ADVISED THAT THE BID OF CLIFTON D. MAYHEW WAS NOT IN LINE WITH THE PROJECT ESTIMATE. THAT THE BIDDER WAS REQUESTED BY TELEPHONE TO FURNISH AN ESTIMATE. THE FACTS ON WHICH ANY ALLEGATION OF MISTAKE WAS MADE. MAYHEW REQUESTED PERMISSION TO WITHDRAW HIS BID STATING THAT FOLLOWING THE OPENING HE CALLED THE CONTRACTING OFFICE AND LEARNED THAT HIS BID WAS FAR OUT OF LINE WITH THE OTHER BIDS.

B-114768, MAY 4, 1953

PRECIS-UNAVAILABLE

THE SECRETARY OF THE AIR FORCE:

REFERENCE IS MADE TO LETTER OF APRIL 17, 1953, WITH ENCLOSURES, FROM CAPTAIN JOHN J. YEDINAK, USAF, CONTRACTING OFFICER, 1401ST AIR BASE WING, MILITARY AIR TRANSPORT SERVICE, ANDREWS AIR FORCE BASE, WASHINGTON, D.C., COPY ATTACHED, REQUESTING A DECISION AS TO THE ACTION TO BE TAKEN WITH RESPECT TO AN ERROR ALLEGED BY CLIFTON D. MAYHEW, 3044 30TH STREET, S.E., WASHINGTON, D.C., TO HAVE BEEN MADE IN HIS BID DATED MARCH 4, 1953.

UNDER EXISTING LAW ONLY DISBURSING OFFICERS, CERTAIN CERTIFYING OFFICERS, AND THE HEAD OF ANY EXECUTIVE DEPARTMENT OR OTHER ESTABLISHMENT NOT UNDER ANY OF THE EXECUTIVE DEPARTMENTS, ARE AUTHORIZED TO SUBMIT QUESTIONS TO THE COMPTROLLER GENERAL OF THE UNITED STATES FOR DECISION. SEE 26 COMP. GEN. 993; AND 28 ID. 401. HOWEVER, SINCE A PROMPT DECISION APPEARS NECESSARY, THE DECISION IS BEING RENDERED TO YOU IN THIS INSTANCE.

THE PROCUREMENT AND CONTRACTING OFFICE OF THE MILITARY AIR TRANSPORT SERVICE AT ANDREWS AIR FORCE BASE, WASHINGTON, D.C., BY INVITATION NO. 49- 608-53-27, REQUESTED BIDS - TO BE OPENED MARCH 4, 1953 - FOR FURNISHING LABOR AND MATERIALS AND PERFORMING ALL WORK NECESSARY FOR THE INTERIOR PAINTING OF BATCHELOR OFFICERS' QUARTERS, AREA NO. 1, ANDREWS AIR FORCE BASE, WASHINGTON, D.C. IN RESPONSE TO THE INVITATION, CLIFTON D. MAYHEW, SUBMITTED A BID WHEREIN HE OFFERED TO PERFORM THE WORK DESCRIBED AT A PRICE OF $5,500.

IN THE LETTER OF APRIL 17, 1953, IT IS STATED THAT BASE INSTALLATION OFFICER ADVISED THAT THE BID OF CLIFTON D. MAYHEW WAS NOT IN LINE WITH THE PROJECT ESTIMATE; AND THAT THE BIDDER WAS REQUESTED BY TELEPHONE TO FURNISH AN ESTIMATE, OTHER DATA USED IN PREPARING HIS BID, AND THE FACTS ON WHICH ANY ALLEGATION OF MISTAKE WAS MADE.

BY LETTERS DATED MARCH 19, APRIL 14, AND APRIL 15, 1953, MR. MAYHEW REQUESTED PERMISSION TO WITHDRAW HIS BID STATING THAT FOLLOWING THE OPENING HE CALLED THE CONTRACTING OFFICE AND LEARNED THAT HIS BID WAS FAR OUT OF LINE WITH THE OTHER BIDS; THAT HE EXAMINED HIS ESTIMATE SHEET AND VISITED THE BASE AND FOUND THAT HE HAD OMITTED EXACTLY ONE HALF OF THE AREA TO BE PAINTED; THAT HE BASED HIS ESTIMATE ON 8 SLEEPING ROOMS ONLY OF EACH BUILDING; THAT ON HIS SURVEY HE FOUND THE AREA OF SLEEPING ROOMS TO BE 50 PER CENT OF THE TOTAL AREA TO BE PAINTED; AND THAT HE INTENDED TO ADD AN ADDITIONAL $5,500 TO HIS BID. THE BASIS OF THE COMPUTATION OF THE BID PRICE WAS SET FORTH IN THE BIDDER'S LETTER OF APRIL 15, 1953, AS FOLLOWS:

"4 GAL PAINT $3.00..................$12.00

6 HRS. LABOR $2.67................. 16.02

20% ON LABOR FOR INSURANCES, TAXES,

AND PROFIT...................... 3.20

TOTAL PER ROOM..........$31.22

8 RMS PER BLDG $31.22.....................$ 249.76

22 BUILDINGS $249.76......................$5494.72"

THE ABSTRACT OF BIDS SHOWS THE PRICES QUOTED BY 15 OTHER BIDDERS RANGED FROM $10,990 TO $19,600. THUS, THE BID OF CLIFTON D. MAYHEW, IS OUT OF LINE WITH THE OTHER BIDS.

ON THE BASIS OF THE FACTS AND EVIDENCE OF RECORD, THERE APPEARS TO BE NO DOUBT THAT THE BID OF MR. MAYHEW IS ERRONEOUS, AS ALLEGED. ACCORDINGLY, THE ERROR HAVING BEEN ALLEGED AND EXPLAINED BY BY THE BIDDER PRIOR TO AWARD, THE BID OF CLIFTON D. MAYHEW SHOULD BE DISREGARDED.

THE PAPERS, WITH THE EXCEPTION OF THE LETTER DATED MARCH 17, 1953, FROM THE INSTALLATION OFFICER, ARE FORWARDED HEREWITH.