B-127129, MAR. 2, 1956

B-127129, MAR. 2, 1956

TO MR. L. N. MCCLELLAN, CONTRACTING OFFICER, BUREAU OF RECLAMATION:

REFERENCE IS MADE TO YOUR LETTER OF FEBRUARY 24, 1956, WITH ENCLOSURES, REQUESTING A DECISION AS TO THE ACTION TO BE TAKEN RELATIVE TO AN ERROR THE ELLIOTT COMPANY ALLEGES IT MADE IN ITS BID OPENED ON DECEMBER 1, 1955.

BY INVITATION NO. DS-4512, BIDS WERE REQUESTED UNDER SCHEDULE NO. 3, FOR FURNISHING TWO GENERATORS WITH SPARE PARTS FOR THE DEER CREEK POWER PLANT, PROVO RIVER PROJECT, UTAH. PROSPECTIVE BIDDERS WERE REQUESTED TO SPECIFY THE SHIPPING POINTS AND SHIPPING WEIGHTS. THE INVITATION PERMITTED PRICE QUOTATIONS OFFERING DELIVERY EITHER F.O.B. RAILROAD CARS AT THE SHIPPING POINT OR F.O.B. CARS AT THE DESTINATION. IN RESPONSE, THE ELLIOTT COMPANY SUBMITTED A BID OFFERING TO FURNISH THE TWO GENERATORS FOR $145,402, F.O.B. CARS AT RIDGWAY, PENNSYLVANIA. IN ITS BID THE COMPANY SPECIFIED THE SHIPPING WEIGHT OF THE TWO GENERATORS AS 62,500 POUNDS AND THE SHIPPING WEIGHT OF THE SPARE PARTS AS 1,760 POUNDS, A GRAND TOTAL WEIGHT OF 64,260 POUNDS.

UPON BEING REQUESTED TO CONFIRM ITS GUARANTEED TOTAL SHIPPING WEIGHT, THE ELLIOTT COMPANY ADVISED, BY LETTER DATED JANUARY 30, 1956, THAT THE WEIGHT OF 62,500 POUNDS SHOWN ON PAGE "G" OF ITS BID WAS IN ERROR SINCE IT COVERED ONLY ONE GENERATOR AND THAT THE CORRECT TOTAL GUARANTEED SHIPPING WEIGHT FOR THE TWO GENERATORS SHOULD HAVE BEEN SHOWN AS 125,000 POUNDS. THE COMPANY POINTED OUT THAT ON PAGE "P" OF THE BID SCHEDULE UNDER "DATA TO BE FURNISHED BY BIDDER," IT SPECIFIED THE TOTAL NET WEIGHT OF ONE COMPLETE GENERATOR AS BEING 57,000 POUNDS. BY LETTER DATED FEBRUARY 14, 1956, WHICH WAS SUPPORTED BY A NOTARIZED ACKNOWLEDGMENT, THE COMPANY FURNISHED PHOTOSTATIC COPIES OF ITS WEIGHT SHEETS WHICH SHOW A TOTAL NET WEIGHT OF 47,000 POUNDS FOR ONE GENERATOR.

THE ABSTRACT OF BIDS SHOWS THAT, FOR THE TWO GENERATORS AND SPARE PARTS, THE FIVE OTHER BIDDERS SPECIFIED SHIPPING WEIGHTS OF 141,240, 140,905, 136,570, 129,175 (WEIGHT OF SWITCH BOARD EXCLUDED), AND 70,570 POUNDS--- THE LATTER AMOUNT, BEING SO LOW, IT APPARENTLY WAS ALSO INTENDED AS THE WEIGHT OF ONLY ONE COMPLETE GENERATOR. THUS, EXCEPT FOR THE WEIGHT OF 64,260 POUNDS SPECIFIED BY THE ELLIOTT COMPANY FOR TWO GENERATORS WITH SPARE PARTS IS OUT OF LINE WITH THE WEIGHTS SPECIFIED BY THE OTHER FOUR BIDDERS. ON THE BASIS OF THE FACTS AND EVIDENCE OF RECORD, IT IS APPARENT THAT THE COMPANY MADE AN ERROR IN ITS BID, AS ALLEGED.

YOU STATE THAT THE COMPANY'S POSITION WITH RELATION TO THOSE OF THE OTHER BIDDERS WOULD NOT BE CHANGED BY ALLOWING THE CORRECTION AND THAT SUCH ALLOWANCE WOULD NOT PREJUDICE THE RIGHTS OF ANY OTHER BIDDER. ACCORDINGLY, SINCE SATISFACTORY EVIDENCE OF THE INTENDED SHIPPING WEIGHT OF THE TWO GENERATORS WAS FURNISHED PRIOR TO AWARD, PAGE "G" OF THE BID OF THE ELLIOTT COMPANY MAY BE CORRECTED TO PROVIDE FOR A SHIPPING WEIGHT OF 125,000 POUNDS FOR THE TWO GENERATORS WITHOUT SPARE PARTS AND THE BID, AS CORRECTED, MAY BE CONSIDERED ALONG WITH THE OTHER BIDS IN MAKING THE AWARD.

IN THE EVENT AWARD IS MADE TO THE ELLIOTT COMPANY ON SCHEDULE NO. 3, A REFERENCE TO THIS DECISION SHOULD BE MADE ON THE CONTRACT.