B-132895, AUG. 16, 1957

B-132895: Aug 16, 1957

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VETERANS ADMINISTRATION CENTER: REFERENCE IS MADE TO YOUR LETTER OF AUGUST 8. ALLEGES WAS MADE IN ITS BID OPENED ON JULY 30. BIDS WERE REQUESTED FOR FURNISHING LABOR AND MATERIALS AND PERFORMING THE WORK NECESSARY FOR THE INTERIOR PAINTING OF BUILDINGS NOS. 409 AND 410. THAT THE COST OF THE OMITTED WORK IS $11. THERE IS LITTLE ROOM FOR DOUBT THAT THE COMPANY OMITTED THE COST OF CERTAIN WORK FROM ITS BID PRICE. SINCE THE ERROR WAS ALLEGED AND EXPLAINED BY THE COMPANY PRIOR TO AWARD. ARE RETURNED.

B-132895, AUG. 16, 1957

TO MR. WM. V. CARROLL, CONTRACTING OFFICER, VETERANS ADMINISTRATION CENTER:

REFERENCE IS MADE TO YOUR LETTER OF AUGUST 8, 1957, FILE 6005/134, WITH ENCLOSURES, REQUESTING A DECISION AS TO THE ACTION TO BE TAKEN CONCERNING AN ERROR WHICH THE HAWTHORNE PAINTING COMPANY, DAYTON, OHIO, ALLEGES WAS MADE IN ITS BID OPENED ON JULY 30, 1957.

BY INVITATION DATED JULY 9, 1957, BIDS WERE REQUESTED FOR FURNISHING LABOR AND MATERIALS AND PERFORMING THE WORK NECESSARY FOR THE INTERIOR PAINTING OF BUILDINGS NOS. 409 AND 410, PROJECT NO. M AND R 6005-57-9, SPECIFICATION NO. 57-9-D. IN RESPONSE THE HAWTHORNE PAINTING COMPANY SUBMITTED A BID DATED JULY 29, 1957, OFFERING TO PERFORM THE WORK FOR THE LUMP SUM OF $32,660. THE ELEVEN OTHER BIDS ON THE PROJECT RANGED FROM $37,790 TO $73,330.

YOU STATE THAT ON JULY 31, 1957, MR. HAWTHORNE AND HIS WIFE VISITED YOUR OFFICE ALLEGING THAT, IN COMPUTING THE COMPANY'S BID PRICE FOR THE WORK, HIS OFFICE EMPLOYEE FAILED TO INCLUDE IN THE BID PRICE THE COST OF PAINTING THE THIRD FLOOR AREAS IN BOTH BUILDINGS.

IN A CONFIRMING LETTER DATED AUGUST 1, 1957, IN WHICH HE REQUESTED THAT HE BE PERMITTED TO WITHDRAW THE COMPANY'S BID ON THE PROJECT, MR. HAWTHORNE STATED THAT HE HAD COMPUTED THE NUMBER OF SQUARE FEET TO BE PAINTED IN BOTH BUILDINGS INCLUDING THE THIRD FLOORS; THAT IN PREPARING THE SUMMARY ESTIMATE SHEET, HIS OFFICE EMPLOYEE FAILED TO ADD THE THIRD FLOOR FIGURES TO SUCH SHEET; AND THAT THE COST OF THE OMITTED WORK IS $11,800, WHICH AMOUNT, WHEN ADDED TO THE COMPANY'S ORIGINAL BID PRICE OF $32,660 MAKES A TOTAL PRICE OF $44,460. IN SUPPORT OF HIS ALLEGATION OF ERROR, MR. HAWTHORNE SUBMITTED A NOTARIZED COPY OF THE COMPANY'S SUMMARY ESTIMATE SHEET, WHICH SHOWS VARIOUS ITEMS OF COST INCIDENT TO THE INTERIOR PAINTING OF BUILDINGS NOS. 409 AND 410 AND NONE OF THESE VARIOUS ITEMS OF COST APPEAR TO INCLUDE THE COST OF PAINTING THE THIRD FLOOR AREAS.

ON THE RECORD, THERE IS LITTLE ROOM FOR DOUBT THAT THE COMPANY OMITTED THE COST OF CERTAIN WORK FROM ITS BID PRICE. ACCORDINGLY, SINCE THE ERROR WAS ALLEGED AND EXPLAINED BY THE COMPANY PRIOR TO AWARD, THE BID OF THE HAWTHORNE PAINTING COMPANY SHOULD BE DISREGARDED.

THE PAPERS, WITH THE EXCEPTION OF YOUR REPORT OF AUGUST 8, 1957, ARE RETURNED.