B-132430, JUL. 10, 1957

B-132430, JUL. 10, 1957

TO MR. E. A. BENSON, PROJECT MANAGER, BUREAU OF RECLAMATION:

REFERENCE IS MADE TO YOUR LETTER OF JUNE 28, 1957, WITH ENCLOSURES, REQUESTING A DECISION AS TO THE ACTION TO BE TAKEN CONCERNING AN ERROR WHICH DANCO PRODUCTS, INC., PHOENIX, ARIZONA, ALLEGES WAS MADE IN ITS BID OPENED ON JUNE 26, 1957.

BY INVITATION NO. 304-98-1, BIDS WERE REQUESTED FOR FURNISHING JANITORIAL SERVICES FOR 36,756 SQUARE FEET OF SPACE IN THE BUILDINGS DESCRIBED IN THE INVITATION DURING THE PERIOD FROM JULY 1, 1957, TO JUNE 30, 1958, INCLUSIVE. IN RESPONSE DANCO PRODUCTS, INC., SUBMITTED A BID OFFERING TO PERFORM THE SERVICES AT THE RATE OF $0.018 PER SQUARE FOOT, MAKING A MONTHLY RATE OF $661.60. UNDER PARAGRAPH 8 OF THE SPECIAL PROVISIONS, THE CORPORATION INDICATED THAT IN PERFORMING WORK IT INTENDED UTILIZING THE SERVICES OF 12 FULL-TIME EMPLOYEES AND 26 PART-TIME EMPLOYEES. THE SIX OTHER BIDS ON THE WORK WERE IN AMOUNTS RANGING FROM $831.50 PER MONTH TO $1,470.24 PER MONTH.

YOU STATE THAT SINCE THE DATE SUBMITTED BY DANCO PRODUCTS, INC., UNDER PARAGRAPH 8 OF THE SPECIAL PROVISIONS REGARDING THE LABOR FORCE TO BE USED IN PERFORMING WORK APPEARED TO BE IN ERROR, THE CORPORATION WAS REQUESTED BY TELEPHONE TO VERIFY SUCH DATA AND THAT, SHORTLY THEREAFTER, MR. DANCY OF DANCO PRODUCTS, INC., APPEARED AT THE CONTRACTING OFFICE AND ALLEGED THAT HE HAD MISINTERPRETED PARAGRAPH 8 OF THE SPECIAL PROVISIONS AND HAD REPORTED THE TOTAL LABOR FORCE IN HIS EMPLOY RATHER THAN THE NUMBER OF EMPLOYEES WHO WOULD BE UTILIZED IN THE PERFORMANCE OF THE PROPOSED CONTRACT. IT IS ALSO STATED THAT MR. DANCY ALLEGED THAT HE HAD FAILED TO INCLUDE IN HIS BID PRICE AN ALLOWANCE FOR PROVIDING A FULL-TIME JANITOR BETWEEN THE HOURS OF 8:00 A.M. AND 4:30 P.M. DAILY, AS REQUIRED BY PARAGRAPH 6 OF THE SPECIAL PROVISIONS AND STATED THAT HE WAS NOT AWARE OF INHERENT CHANGES AND NEW SPACE COVERED BY THE INVITATION AS COMPARED WITH THE TOTAL SPACE AND SERVICES REQUIRED UNDER THE CONTRACT EXPIRING ON JUNE 30, 1957.

BY TELEGRAM DATED JUNE 27, 1957, DANCO PRODUCTS, INC., ADVISED THAT UNDER PARAGRAPH 8 OF THE SPECIAL PROVISIONS, IT SHOULD HAVE INDICATED THE UTILIZATION OF TWO FULL-TIME EMPLOYEES AND ONE PART-TIME EMPLOYEE IN THE PERFORMANCE OF THE WORK AND REQUESTED THAT IT BE PERMITTED TO WITHDRAW ITS BID. IN A CONFIRMING LETTER OF THE SAME DATE THE CORPORATION STATED THAT IF IT COULD RAISE ITS BID PRICE BY $0.005 PER SQUARE FOOT, THE CONTRACT COULD BE PUT INTO FORCE AND CARRIED OUT TO THE BEST OF ITS ABILITY.

ON THE RECORD, THERE IS NO ROOM FOR REASONABLE DOUBT THAT THE CORPORATION MADE AN ERROR IN ITS BID, AS ALLEGED. ACCORDINGLY, THE BID DANCO PRODUCTS, INC., SHOULD BE DISREGARDED IN MAKING THE AWARD.