B-135657, APR. 11, 1958

B-135657: Apr 11, 1958

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SMITHSONIAN INSTITUTION: REFERENCE IS MADE TO YOUR LETTER OF MARCH 27. TO HAVE BEEN MADE IN ITS BID SUBMITTED IN RESPONSE TO INVITATION FOR BIDS NO. 58-SI-632 ISSUED MARCH 10. SUBSEQUENTLY IT WAS LEARNED THAT A BID FROM WILLIAM DUNBAR COMPANY IN THE AMOUNT OF $17. 257 HAD BEEN RECEIVED BY MAIL AT THE SMITHSONIAN INSTITUTION IN SUFFICIENT TIME TO HAVE BEEN DELIVERED TO THE SUPPLY DIVISION BEFORE 11 A.M. THE DUNBAR COMPANY BID WAS INCLUDED FOR CONSIDERATION. BECAUSE OF THE DISPARITY BETWEEN THE LOW BID AND THE OTHER BID RECEIVED AND THE SMITHSONIAN INSTITUTION'S ESTIMATE (THE AMOUNT OF WHICH ESTIMATE IS NOT SHOWN IN THE FILE). WAS REQUESTED TO VERIFY ITS BID. IT ALLEGED ERROR IN ITS BID IN THAT THE BID WAS COMPUTED ON THE BASIS OF 3 CENTS PER SQUARE FOOT.

B-135657, APR. 11, 1958

TO HONORABLE LEONARD CARMICHAEL, SECRETARY, SMITHSONIAN INSTITUTION:

REFERENCE IS MADE TO YOUR LETTER OF MARCH 27, 1958, REQUESTING A DECISION AS TO THE ACTION TO BE TAKEN WITH RESPECT TO AN ERROR ALLEGED BY CLIFTON D. MAYHEW, INC., 4017 25TH PLACE NORTH, ARLINGTON, VIRGINIA, TO HAVE BEEN MADE IN ITS BID SUBMITTED IN RESPONSE TO INVITATION FOR BIDS NO. 58-SI-632 ISSUED MARCH 10, 1958, BY THE SUPPLY DIVISION, SMITHSONIAN INSTITUTION, FOR SCRAPING, WIRE BRUSHING AND SANDING ROOF AND SIDE SHEETS OF 15 METAL BUILDINGS AND PAINTING ALL EXTERIOR SURFACES AT THE NATIONAL AIR MUSEUM STORAGE AREA, 3910 SILVER HILL ROAD, SILVER HILL, MARYLAND.

IN RESPONSE TO THE INVITATION, CLIFTON D. MAYHEW, INC., SUBMITTED ITS BID IN THE AMOUNT OF $5,840, THAT BEING THE ONLY BID RECEIVED AT THE SUPPLY DIVISION BEFORE 11 A.M. MARCH 19, 1958. SUBSEQUENTLY IT WAS LEARNED THAT A BID FROM WILLIAM DUNBAR COMPANY IN THE AMOUNT OF $17,257 HAD BEEN RECEIVED BY MAIL AT THE SMITHSONIAN INSTITUTION IN SUFFICIENT TIME TO HAVE BEEN DELIVERED TO THE SUPPLY DIVISION BEFORE 11 A.M. BUT HAD BEEN DELIVERED TO THE OFFICE OF THE REGISTRAR INSTEAD OF TO THE SUPPLY DIVISION AS ADDRESSED. THEREFORE, THE DUNBAR COMPANY BID WAS INCLUDED FOR CONSIDERATION.

BECAUSE OF THE DISPARITY BETWEEN THE LOW BID AND THE OTHER BID RECEIVED AND THE SMITHSONIAN INSTITUTION'S ESTIMATE (THE AMOUNT OF WHICH ESTIMATE IS NOT SHOWN IN THE FILE), CLIFTON D. MAYHEW, INC. WAS REQUESTED TO VERIFY ITS BID. BY ITS LETTER DATED MARCH 20, 1958, IT ALLEGED ERROR IN ITS BID IN THAT THE BID WAS COMPUTED ON THE BASIS OF 3 CENTS PER SQUARE FOOT, WHICH COVERED ONLY CLEANING, SPOT PRIMING AND THE FIRST COAT OF ALUMINUM, AND THAT IT FAILED TO INCLUDE IN THE BID THE PRICE FOR THE SECOND FINISH COAT AT 2 CENTS PER SQUARE FOOT OR A TOTAL OMISSION OF $3,800. WITH THE LETTER WAS INCLUDED THE BIDDER'S ESTIMATE SHEET SUBSTANTIATING THE ALLEGATION OF ERROR TO THE EXTENT THAT IT SHOWS 3 CENTS AS THE TOTAL UNIT PRICE USED IN THE COMPUTATION.

IN VIEW OF THE FACTS AS REPORTED AND SHOWN BY THE FLE, IT MAY BE REGARDED AS SATISFACTORILY ESTABLISHED THAT CLIFTON D. MAYHEW, INC. MADE A BONA FIDE ERROR IN ITS BID AS ALLEGED AND EXPLAINED BY IT AND THAT THE INTENDED AMOUNT OF THE BID WAS $9,640. ACCORDINGLY, THE BID MAY BE CORRECTED AND CONSIDERED IN MAKING AWARD.