B-121633, OCT 6, 1954

B-121633: Oct 6, 1954

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NATIONAL ADVISORY COMMITTEE FOR AERONAUTICS: REFERENCE IS MADE TO LETTER DATED SEPTEMBER 30. TO HAVE BEEN MADE IN ITS BID SUBMITTED IN RESPONSE TO INVITATION NO. WAS IN THE AMOUNT OF $9. THAT THE GOVERNMENT'S ESTIMATE FOR THE WORK WAS $12. WHICH PRICE WAS ORALLY QUOTED TO IT BY ITS SUBCONTRACTOR. THERE IS LITTLE. THE CIRCUMSTANCES ARE NOT SUCH AS WOULD WARRANT A DEPARTURE FROM THE GENERAL RULE THAT BIDS MAY NOT BE CHANGED AFTER THE BIDS HAVE BEEN OPENED. SINCE IT WAS BELIEVED THAT THE BID OF THE COMPANY WAS ERRONEOUS AND SINCE SUCH BELIEF WAS CONFIRMED AND THE ERROR WAS EXPLAINED BY THE COMPANY PRIOR TO AWARD. THE PAPERS ARE RETURNED HEREWITH.

B-121633, OCT 6, 1954

PRECIS-UNAVAILABLE

HONORABLE JEROME C. HUNSAKER, NATIONAL ADVISORY COMMITTEE FOR AERONAUTICS:

REFERENCE IS MADE TO LETTER DATED SEPTEMBER 30, 1954, WITH ENCLOSURES, FROM THE ACTING EXECUTIVE OFFICER OF YOUR COMMITTEE, REQUESTING A DECISION AS TO THE ACTION THAT SHOULD BE TAKEN WITH RESPECT TO AN ERROR ALLEGED BY THE CITY PLUMBING AND HEATING CO. TO HAVE BEEN MADE IN ITS BID SUBMITTED IN RESPONSE TO INVITATION NO. C 4448, OPENED JULY 27, 1954.

THE RECORD DISCLOSES THAT THE BID OF THE CITY PLUMBING AND HEATING CO. WAS IN THE AMOUNT OF $9,260; THAT THE THREE OTHER BIDS RECEIVED QUOTED PRICES OF $12,995, 613,173 AND $14,368; AND THAT THE GOVERNMENT'S ESTIMATE FOR THE WORK WAS $12,300.

UPON BEING REQUESTED TO VERIFY ITS BID, THE CITY PLUMBING AND HEATING CO., ALLEGED THAT IT HAD MADE AN ERROR IN ITS BID IN THAT IT INADVERTENTLY ENTERED ON ITS ESTIMATE SHEET OF THE COST OF FABRICATING THE 72" DUCT AS $313 INSTEAD OF $3,125, WHICH PRICE WAS ORALLY QUOTED TO IT BY ITS SUBCONTRACTOR. THEREFORE, THE COMPANY REQUESTED THAT ITS BID PRICE FOR THE WORK BE INCREASED BY $2,812 TO $12,072.

ON THE BASIS OF THE FACTS AND EVIDENCE OF RECORD, THERE IS LITTLE, IF ANY, DOUBT THAT THE CITY PLUMBING AND HEATING CO., MADE AN ERROR IN ITS BID, AS ALLEGED. HOWEVER, THE CIRCUMSTANCES ARE NOT SUCH AS WOULD WARRANT A DEPARTURE FROM THE GENERAL RULE THAT BIDS MAY NOT BE CHANGED AFTER THE BIDS HAVE BEEN OPENED. SEE 17 COMP. GEN. 575. ACCORDINGLY, SINCE IT WAS BELIEVED THAT THE BID OF THE COMPANY WAS ERRONEOUS AND SINCE SUCH BELIEF WAS CONFIRMED AND THE ERROR WAS EXPLAINED BY THE COMPANY PRIOR TO AWARD, THE BID OF THE CITY PLUMBING AND HEATING CO. MAY BE DISREGARDED IN MAKING THE AWARD.

THE PAPERS ARE RETURNED HEREWITH.