B-134021, OCT. 16, 1957

B-134021, OCT. 16, 1957

TO THE SECRETARY OF THE ARMY:

REFERENCE IS MADE TO THE LETTER DATED OCTOBER 3, 1957, FROM THE ASSISTANT SECRETARY OF THE ARMY (LOGISTICS), RELATIVE TO AN ERROR ALLEGED BY RUSSELL H. LANKTON CONSTRUCTION COMPANY TO HAVE BEEN MADE IN ITS BID, WHICH IS THE BASIS OF CONTRACT NO. DA-11-175-AV-2036, DATED JUNE 29, 1957.

THE U.S. ARMY SUPPORT CENTER, CHICAGO, ILLINOIS, BY INVITATION NO. AV-11- 175-57-59, REQUESTED BIDS TO BE OPENED ON JUNE 21, 1957, FOR FURNISHING LABOR AND MATERIALS FOR TUCKPOINTING, APPLICATION OF WATER REPELLENT, AND EXTERIOR PAINTING AT THE ILLINOIS ARMY RESERVE TRAINING CENTER, PEORIA, ILLINOIS. THE INVITATION REQUIRED BIDDERS TO QUOTE A LUMP SUM PRICE FOR PERFORMING THE WORK INVOLVED.

IN RESPONSE TO THE INVITATION, RUSSELL H. LANKTON CONSTRUCTION COMPANY SUBMITTED A BID DATED JUNE 18, 1957, OFFERING TO PERFORM THE WORK FOR THE AMOUNT OF $3,290.00. THE ABSTRACT OF BIDS SHOWS THAT THE TWO OTHER BIDS RECEIVED WERE IN THE AMOUNTS OF $4,740.00 AND $5,825.00, AND THAT THE GOVERNMENT'S ESTIMATE WAS $4,679.00.

IT IS REPORTED THAT AFTER THE OPENING OF THE BIDS, THE CONTRACTING OFFICER REQUESTED THE LOW BIDDER TO VERIFY ITS BID SINCE IT WAS NOT BELIEVED THAT MATERIALS CONFORMING TO THE SPECIFICATIONS COULD BE FURNISHED AND APPLIED FOR THE PRICE QUOTED. BY LETTERS DATED JUNE 25 AND 27, 1957, THE BIDDER ADVISED THAT THE BID WAS BASED ON USING MEDUSA FOR WATERPROOFING, WHICH MET THE SPECIFICATIONS FOR ANOTHER JOB HE WAS BIDDING ON FOR THE ARMY BUT DID NOT MEET THE SPECIFICATIONS FOR THIS JOB, AND THAT THE COST OF PAINTING HAD BEEN OMITTED ENTIRELY. CERTAIN EVIDENCE WAS SUBMITTED IN SUPPORT OF THE ALLEGED ERROR AND THE BIDDER REQUESTED THAT HIS BID BE INCREASED BY $1,000.00 TO COVER THE DIFFERENCE IN COST BETWEEN THE TYPE OF WATERPROOFING ON WHICH THE BID WAS BASED AND THAT REQUIRED BY THE SPECIFICATIONS AND THE OMITTED PAINTING. SINCE THE BID, EVEN IF CORRECTED WOULD BE STILL LOWER THAN THE NEXT LOWEST BID, IT WAS ACCEPTED ON JUNE 29, 1957, SUBJECT TO CORRECTION IF AUTHORIZED BY THIS OFFICE.

ON THE BASIS OF THE FACTS AND EVIDENCE OF RECORD THERE APPEARS LITTLE, IF ANY, DOUBT THAT AN ERROR WAS MADE IN THE BID AS ALLEGED. ACCORDINGLY, AND SINCE ERROR WAS ALLEGED AND EVIDENCE WAS SUBMITTED BY THE BIDDER ESTABLISHING THE ERROR PRIOR TO AWARD, CONTRACT NO. DA-11 175-AV-2036 MAY BE AMENDED BY INCREASING THE CONSIDERATION SPECIFIED THEREIN BY $1,000.00, OR TO $4,290.00, AS RECOMMENDED BY THE CONTRACTING OFFICER.

A REFERENCE TO THIS DECISION SHOULD BE MADE ON THE AMENDMENT TO THE CONTRACT.

THE PAPERS, WITH THE EXCEPTION OF A COPY OF THE STATEMENT OF FACTS AND RECOMMENDATION OF THE CONTRACTING OFFICER, ARE RETURNED.