B-128502, JUL. 10, 1956

B-128502: Jul 10, 1956

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REGION 6: REFERENCE IS MADE TO YOUR LETTER OF JUNE 29. BY INVITATION NO. 269 BIDS WERE REQUESTED FOR FURNISHING PREFABRICATED BRIDGE TIMBERS FOR THE BIG CREEK BRIDGE. THE TIMBERS WERE TO BE CONSTRUCTED IN ACCORDANCE WITH DRAWINGS NOS. THE TWO OTHER BIDS ON THE TIMBERS WERE IN THE AMOUNTS OF $3. 518 WAS BASED ON CALCULATED QUANTITIES OF SUPER-STRUCTURE MATERIALS ONLY. THERE IS NO ROOM FOR DOUBT THAT J. SINCE IT WAS BELIEVED THAT THE BID WAS ERRONEOUS. SINCE SUCH BELIEF WAS CONFIRMED AND THE ERROR WAS EXPLAINED PRIOR TO AWARD.

B-128502, JUL. 10, 1956

TO MR. FRANK WALISCH, CONTRACTING OFFICER, UNITED STATES FOREST SERVICE, REGION 6:

REFERENCE IS MADE TO YOUR LETTER OF JUNE 29, 1956, WITH ENCLOSURES, REQUESTING A DECISION AS TO THE ACTION TO BE TAKEN CONCERNING AN ERROR J. H. BAXTER AND COMPANY, PORTLAND, OREGON, ALLEGES IT MADE IN ITS BID OPENED ON JUNE 28, 1956.

BY INVITATION NO. 269 BIDS WERE REQUESTED FOR FURNISHING PREFABRICATED BRIDGE TIMBERS FOR THE BIG CREEK BRIDGE, OREGON. THE TIMBERS WERE TO BE CONSTRUCTED IN ACCORDANCE WITH DRAWINGS NOS. R-25821 AND R-25822. RESPONSE J. H. BAXTER AND COMPANY SUBMITTED A BID OFFERING TO FURNISH THE TIMBERS FOR THE LOT PRICE OF $1,518. THE TWO OTHER BIDS ON THE TIMBERS WERE IN THE AMOUNTS OF $3,370 AND $3,655.

UPON BEING REQUESTED BY TELEPHONE TO VERIFY ITS BID, J. H. BAXTER AND COMPANY ALLEGED THAT, IN COMPUTING ITS BID PRICE, IT COMPLETELY OVERLOOKED THE ABUTMENT MATERIAL. IN A CONFIRMING LETTER DATED JUNE 28, 1956, THE COMPANY STATED THAT ITS BID PRICE COVERED ONLY THE MATERIAL REQUIRED FOR THE SUPER-STRUCTURE AND THAT IT HAD OVERLOOKED THE MATERIAL REQUIRED FOR THE END ABUTMENTS COVERED BY DRAWING NO. R-25822. THE COMPANY REQUESTED THAT IT BE PERMITTED TO WITHDRAW ITS BID ON THE TIMBERS. YOU STATE THAT THE COMPANY'S WORKSHEETS CLEARLY INDICATE THAT ITS BID PRICE OF $1,518 WAS BASED ON CALCULATED QUANTITIES OF SUPER-STRUCTURE MATERIALS ONLY.

ON THE RECORD, THERE IS NO ROOM FOR DOUBT THAT J. H. BAXTER AND COMPANY MADE AN ERROR IN ITS BID, AS ALLEGED. ACCORDINGLY, SINCE IT WAS BELIEVED THAT THE BID WAS ERRONEOUS, AND SINCE SUCH BELIEF WAS CONFIRMED AND THE ERROR WAS EXPLAINED PRIOR TO AWARD, THE BID OF J. H. BAXTER AND COMPANY SHOULD BE DISREGARDED IN MAKING THE AWARD.