B-125690, NOV. 30, 1955

B-125690: Nov 30, 1955

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TO BARNEY'S ROOFING AND PERMA-STONE CO.: REFERENCE IS MADE TO YOUR LETTER OF SEPTEMBER 16. WHEREIN THERE WAS DISALLOWED YOUR CLAIM FOR AN ADDITIONAL AMOUNT STATED TO BE DUE IN CONNECTION WITH THE PERFORMANCE OF CONTRACT NO. YOUR BASIC CONTENTION IN SUPPORT OF YOUR REQUEST FOR RECONSIDERATION IS THAT DUE TO THE FACT THAT THE SPECIFICATIONS WERE NOT SUFFICIENTLY CLEAR YOU FAILED TO INCLUDE IN YOUR BID PRICE THE COST OF FURNISHING THE NECESSARY STARTER ROLLS AND RIDGING. THE FACTS AND CIRCUMSTANCES GIVING RISE TO YOUR CLAIM ARE FULLY SET FORTH IN THE SETTLEMENT AND WILL NOT BE REPEATED. AS TO YOUR ALLEGATION THAT THE SPECIFICATIONS WERE MISLEADING AN EXAMINATION THEREOF REVEALS NO AMBIGUITY REGARDING THE REQUIREMENTS OF STARTER STRIPS AND RIDGING TO BE FURNISHED.

B-125690, NOV. 30, 1955

TO BARNEY'S ROOFING AND PERMA-STONE CO.:

REFERENCE IS MADE TO YOUR LETTER OF SEPTEMBER 16, 1955, REQUESTING REVIEW OF SETTLEMENT DATED SEPTEMBER 14, 1955, WHEREIN THERE WAS DISALLOWED YOUR CLAIM FOR AN ADDITIONAL AMOUNT STATED TO BE DUE IN CONNECTION WITH THE PERFORMANCE OF CONTRACT NO. AF 01/600/-591, DATED MARCH 17, 1954, COVERING THE REROOFING OF 25 BUILDINGS FOR THE DEPARTMENT OF THE AIR FORCE, MAXWELL AIR FORCE BASE, ALABAMA. YOUR BASIC CONTENTION IN SUPPORT OF YOUR REQUEST FOR RECONSIDERATION IS THAT DUE TO THE FACT THAT THE SPECIFICATIONS WERE NOT SUFFICIENTLY CLEAR YOU FAILED TO INCLUDE IN YOUR BID PRICE THE COST OF FURNISHING THE NECESSARY STARTER ROLLS AND RIDGING.

THE FACTS AND CIRCUMSTANCES GIVING RISE TO YOUR CLAIM ARE FULLY SET FORTH IN THE SETTLEMENT AND WILL NOT BE REPEATED. AS TO YOUR ALLEGATION THAT THE SPECIFICATIONS WERE MISLEADING AN EXAMINATION THEREOF REVEALS NO AMBIGUITY REGARDING THE REQUIREMENTS OF STARTER STRIPS AND RIDGING TO BE FURNISHED. SECTION II OF THE TECHNICAL PROVISIONS MADE A PART OF THE CONTRACT PROVIDED UNDER PARAGRAPH 2.2 04A, THAT STARTER STRIPS SHALL CONSIST OF ONE 18 INCHES WIDE LAYER OF ROOFING MATERIAL CEMENTED DIRECTLY TO OLD SHINGLES, ETC. UNDER SUBPARAGRAPH D OF THE SAME PROVISION IT PROVIDED THAT HIPS AND RIDGES SHALL BE FORMED WITH INDIVIDUAL SHINGLES, TO EFFECT DOUBLE COVERAGE, ETC. IT IS DIFFICULT TO PERCEIVE HOW MORE CLEAR AND CONCISE LANGUAGE COULD BE USED TO APPRISE ALL BIDDERS OF THE REQUIREMENTS TO FURNISH STARTER STRIPS AND RIDGES NECESSARY FOR A COMPLETE AND WORKMANLIKE JOB.

THERE WAS NOTHING ON THE FACE OF YOUR BID TO INDICATE THAT YOU HAD OMITTED THE COST OF THE ABOVE MATERIALS, AND THE DIFFERENCE IN PRICE BETWEEN YOUR BID AND THE OTHER PROPOSALS RECEIVED WAS NOT SUFFICIENT TO CHARGE THE CONTRACTING OFFICER WITH CONSTRUCTIVE NOTICE OF THE ERROR. THE ACCEPTANCE OF YOUR OFFER IN GOOD FAITH CONSTITUTED A BINDING CONTRACT, IN VIEW OF WHICH THIS OFFICE IS WITHOUT AUTHORITY TO CERTIFY ANY AMOUNT IN ADDITION TO THE CONTRACT CONSIDERATION HERETOFORE PAID.