B-132189, JUN. 19, 1957

B-132189: Jun 19, 1957

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BUREAU OF RECLAMATION: REFERENCE IS MADE TO YOUR LETTER DATED JUNE 11. 000 POUNDS WAS THE TOTAL SHIPPING WEIGHT FOR THE ANCHOR BOLTS TO BE FURNISHED. THE SHIPPING WEIGHTS OF THE OTHER BIDDERS WERE 4. ESCO IRON WORKS WAS REQUESTED TO CONFIRM ITS SHIPPING WEIGHT BECAUSE IT WAS CONSIDERABLY UNDER THE WEIGHTS OF THE OTHER BIDDERS. WHEN IT RESPONDED THAT THE WEIGHT SHOULD HAVE BEEN 6. IT WAS ADVISED TO SUBMIT A SWORN STATEMENT ALLEGING THE ERROR AND THE MANNER IN WHICH IT OCCURRED. NEITHER THE BIDDER'S REPLY NOR THE WORKSHEET IT FURNISHED WAS VERIFIED UNDER OATH. THE GIST OF THE ALLEGATION OF ERROR IS THAT. WAS RELIED ON INSTEAD OF THE 6. 000 POUND WEIGHT WHICH WOULD HAVE BEEN ARRIVED AT BY TOTALING THE WEIGHTS.

B-132189, JUN. 19, 1957

TO MR. L. N. MCCLELLAN, DEPARTMENT OF THE INTERIOR, BUREAU OF RECLAMATION:

REFERENCE IS MADE TO YOUR LETTER DATED JUNE 11, 1957, FILE REFERENCE D- 150, WITH ENCLOSURES, REQUESTING A DECISION WHETHER ESCO IRON WORKS, NEW YORK, NEW YORK, SHOULD BE ALLOWED TO CORRECT ITS BID BECAUSE OF AN ERROR IT ALLEGED UPON REQUEST FOR VERIFICATION PRIOR TO AWARD.

ESCO IRON WORKS BID $1,220 TO FURNISH TWO LOTS OF ANCHOR BOLTS UNDER ITEMS 3 AND 4 OF SCHEDULE NO. 2 OF INVITATION NO. DS-4895, DATED APRIL 18, 1957. THE DISCOUNT OFFERED BY ESCO IRON WORKS AND THE GOVERNMENT FREIGHT COSTS BROUGHT THE AMOUNT FOR COMPARISON TO $1,316.50. THE AMOUNTS FOR COMPARISON OF THE OTHER SIX BIDDERS RANGED FROM $1,435.80 TO $2,986.66.

IN ITS BID, ESCO IRON WORKS STATED THAT 3,000 POUNDS WAS THE TOTAL SHIPPING WEIGHT FOR THE ANCHOR BOLTS TO BE FURNISHED. THE SHIPPING WEIGHTS OF THE OTHER BIDDERS WERE 4,500, 5,600, 5,950 AND 6,000 POUNDS. ESCO IRON WORKS WAS REQUESTED TO CONFIRM ITS SHIPPING WEIGHT BECAUSE IT WAS CONSIDERABLY UNDER THE WEIGHTS OF THE OTHER BIDDERS. WHEN IT RESPONDED THAT THE WEIGHT SHOULD HAVE BEEN 6,000 INSTEAD OF 3,000 POUNDS, IT WAS ADVISED TO SUBMIT A SWORN STATEMENT ALLEGING THE ERROR AND THE MANNER IN WHICH IT OCCURRED, SUPPORTED BY NOTARIZED ORIGINAL WORKSHEETS. NEITHER THE BIDDER'S REPLY NOR THE WORKSHEET IT FURNISHED WAS VERIFIED UNDER OATH.

THE GIST OF THE ALLEGATION OF ERROR IS THAT, IN STATING THE SHIPPING WEIGHT IN THE BID, THE STATEMENT,"APPX TOTAL WT 3000 POUNDS," AT THE BOTTOM OF THE WORKSHEET, WAS RELIED ON INSTEAD OF THE 6,000 POUND WEIGHT WHICH WOULD HAVE BEEN ARRIVED AT BY TOTALING THE WEIGHTS, 3,225 POUNDS AND 2,775 POUNDS, OF THE TWO LOTS STATED IN THE WORKSHEET.

THE BID PRICE OF ESCO IRON WORKS WILL REMAIN UNAFFECTED BY THE CHANGE IN THE SHIPPING WEIGHT; ONLY THE GOVERNMENT FREIGHT COST WILL BE INCREASED SO AS TO INCREASE THE AMOUNT OF COMPARISON TO $1,419.10.

ON THE BASIS OF THE FACTS OF RECORD, THERE APPEARS TO BE NO DOUBT THAT THE ALLEGED ERROR WAS MADE. A BID MAY BE CORRECTED UPON THE SUBMISSION OF CONCLUSIVE EVIDENCE, NOTWITHSTANDING THE EVIDENCE IS UNSWORN. SEE B- 131629, JUNE 6, 1957.

SINCE THE BID OF ESCO IRON WORKS WAS BELIEVED TO BE ERRONEOUS, AND, UPON REQUEST FOR VERIFICATION PRIOR TO AWARD THE BELIEF WAS CONFIRMED AND THE INTENDED BID ESTABLISHED, THE BID SHOULD BE CORRECTED AND CONSIDERED ALONG WITH THE OTHER BIDS.