B-119059, MAR 12, 1954

B-119059: Mar 12, 1954

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JONES: I HAVE YOUR LETTER DATED FEBRUARY 26. NOTICES WERE RECEIVED FROM THREE SUPPLIERS THAT THEIR UNIT PRICES WERE INCREASED ON THE 95 UNITS INVOLVED AS FOLLOWS: SUPPLIER ARTICLE ORIGINAL PRICE REVISED PRICE NO. 1 TILE $197 $322 NO. 2 PLASTER $110 $135 NO. 3 COPPER PANS $ 39 $ 97 BY TELEGRAM DATED FEBRUARY 19. Y & G CONSTRUCTION ADVISED THE CONTRACTING OFFICER THAT SUPPLIERS NOS. 2 AND 3 ALLEGED THAT THEIR BIDS WERE ON ONE SHOWER COMPARTMENT INSTEAD OF ON A SHOWER UNIT. THE BASIC RULE IS THAT A BID MAY NOT BE CHANGED AFTER IT HAS BEEN OPENED. AN EXCEPTION BEING WHERE SUFFICIENT FACTS ARE PRESENTED TO ESTABLISH THAT THE BIDDER ACTUALLY INTENDED TO BID AN AMOUNT OTHER THAN THAT SPECIFIED IN THE BID. 17 COMP.

B-119059, MAR 12, 1954

PRECIS-UNAVAILABLE

MR. VERNON G. JONES:

I HAVE YOUR LETTER DATED FEBRUARY 26, 1954, WITH ENCLOSURES, REQUESTING A DECISION AS TO WHETHER THE BID OF Y & G CONSTRUCTION, COVERING REPAIRS TO SHOWER ROOMS AND LATRINES AND SUBMITTED IN RESPONSE TO INVITATION NO. 45- 617-54-21, MAY BE CORRECTED.

IN A LETTER DATED FEBRUARY 25, 1954, Y & G CONSTRUCTION STATED THAT AFTER SUBMITTING ITS BID, NOTICES WERE RECEIVED FROM THREE SUPPLIERS THAT THEIR UNIT PRICES WERE INCREASED ON THE 95 UNITS INVOLVED AS FOLLOWS: SUPPLIER ARTICLE ORIGINAL PRICE REVISED PRICE NO. 1 TILE $197 $322 NO. 2 PLASTER $110 $135 NO. 3 COPPER PANS $ 39 $ 97

BY TELEGRAM DATED FEBRUARY 19, 1954, SUPPLIER NO. 1 ADVISED Y & G CONSTRUCTION OF AN INCREASE IN ITS BID FROM $197 TO $322-NO REASON BEING STATED. IN A LETTER DATED FEBRUARY 25, 1954, Y & G CONSTRUCTION ADVISED THE CONTRACTING OFFICER THAT SUPPLIERS NOS. 2 AND 3 ALLEGED THAT THEIR BIDS WERE ON ONE SHOWER COMPARTMENT INSTEAD OF ON A SHOWER UNIT, AS REQUIRED, CONSISTING OF TWO SHOWER COMPARTMENTS AND ONE DRYING COMPARTMENT. THEREFORE, Y & G CONSTRUCTION REQUESTED THAT ITS TOTAL BID PRICE BE CHANGED FROM $82,181 TO $101,841.

THE BASIC RULE IS THAT A BID MAY NOT BE CHANGED AFTER IT HAS BEEN OPENED, AN EXCEPTION BEING WHERE SUFFICIENT FACTS ARE PRESENTED TO ESTABLISH THAT THE BIDDER ACTUALLY INTENDED TO BID AN AMOUNT OTHER THAN THAT SPECIFIED IN THE BID. 17 COMP. GEN. 575, 577. IN THE PRESENT CASE, THE AMOUNT OF THE BID OF Y & G CONSTRUCTION WAS AS INTENDED AT THE TIME IT WAS SUBMITTED, AND THE INCREASE REQUESTED IS BASED ON INCREASES IN THE SUPPLIERS' QUOTATIONS. THE RESPONSIBILITY FOR COMPUTING THE AMOUNT OF THE BID IS UPON THE BIDDER AND SUCH RESPONSIBILITY INCLUDES HAVING FIRM COMMITMENTS FROM ITS SUPPLIERS. IF, AS IT APPEARS, Y & G CONSTRUCTION DID NOT HAVE FIRM COMMITMENTS FROM ITS SUPPLIERS, SUCH CIRCUMSTANCE DOES NOT WARRANT RELIEVING Y & G CONSTRUCTION FROM OBLIGATION UNDER ITS BID AND ANY ADJUSTMENT IN PRICES IS A MATTER FOR SETTLEMENT BETWEEN Y & G CONSTRUCTION AND ITS SUPPLIERS.

ACCORDINGLY, ON THE PRESENT RECORD, THERE IS NO LEGAL BASIS FOR CORRECTING THE BID OF Y & G CONSTRUCTION OR FOR RELIEVING THE BIDDER FROM OBLIGATION UNDER ITS BID AS SUBMITTED.

THE PAPERS, WITH THE EXCEPTION OF THE CONTRACTING OFFICER'S STATEMENT OF FEBRUARY 26, 1954, ARE RETURNED HEREWITH.