B-136462, JUN. 18, 1958

B-136462, JUN. 18, 1958

TO THE SECRETARY OF THE INTERIOR:

REFERENCE IS MADE TO A LETTER DATED JUNE 12, 1958, WITH ENCLOSURES, FROM THE ASSISTANT DIRECTOR, NATIONAL PARK SERVICE, REQUESTING A DECISION AS TO THE ACTION TO BE TAKEN RELATIVE TO AN ERROR THE M. AND W. CONSTRUCTION COMPANY ALLEGES IT MADE IN ITS BID OPENED ON JUNE 3, 1958.

BY INVITATION FOR BIDS DATED MAY 2, 1958, THE BUREAU OF PUBLIC ROADS, DEPARTMENT OF COMMERCE, AS ENGINEERING AND CONSTRUCTION AGENCY FOR THE SERVICE, REQUESTED BIDS FOR THE CONSTRUCTION OF PROJECT 3E6, BRIDGE OVER THE CHOOKATONCHEE CREEK, NATCHEZ TRACE PARKWAY, CHICKASAW COUNTY, MISSISSIPPI, IN RESPONSE THERETO, M. AND W. CONSTRUCTION COMPANY SUBMITTED A BID IN THE AMOUNT OF $243,972 WHICH WAS ABOUT 33 PERCENT UNDER THE GOVERNMENT ENGINEER'S ESTIMATE.

IN A LETTER DATED JUNE 3, 1958, TO THE ACTING REGIONAL ENGINEER, BUREAU OF PUBLIC ROADS, THE M. AND W. CONSTRUCTION COMPANY, REQUESTED THAT ITS BID BE REJECTED ON THE BASIS OF ERROR IN COMPUTING ITS $80,000 LUMP-SUM PRICE UNDER ITEM 406A (2),"PRESTRESSED CONCRETE SUPERSTRUCTURE," IN THAT IT REGARDED THE CONCRETE, REINFORCING STEEL AND HANDRAIL ON THE PRECAST BEAMS AS SEPARATE PAY ITEMS, AND THAT ITS PRICE WAS FOR FURNISHING THE BEAMS ALONE. IN THAT CONNECTION, IT IS NOTED THAT THE OTHER LUMP-SUM BIDS RECEIVED UNDER ITEM 406A (2) WERE IN AMOUNTS FROM $104,595 TO $199,080.

IN VIEW OF THE WIDE DISPARITY BETWEEN THE APPARENT LOW BID OF THE M. AND W. CONSTRUCTION COMPANY AND THE OTHER BIDS RECEIVED, AND SINCE THE BIDDER HAS ALLEGED ERROR PRIOR TO AWARD, IT DOES NOT APPEAR THAT THE LOW BID PROPERLY COULD BE ACCEPTED IN GOOD FAITH. THEREFORE, THE BID OF ..END :