B-136870, JUL. 30, 1958

B-136870: Jul 30, 1958

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THE AMERICAN BATTLE MONUMENTS COMMISSION: REFERENCE IS MADE TO YOUR LETTER OF JULY 18. REQUESTING A DECISION AS TO THE ACTION TO BE TAKEN CONCERNING AN ERROR WHICH THE MINNESOTA MINING AND MANUFACTURING COMPANY ALLEGES WAS MADE IN ITS BID SUBMITTED IN RESPONSE TO INVITATION NO. RECEIPT IS ALSO ACKNOWLEDGED OF YOUR LETTER OF JULY 23. BIDS WERE REQUESTED FOR FURNISHING THREE ITEMS OF SYNTHETIC RUBBER CAULKING COMPOUND. THREE BIDS WERE RECEIVED IN RESPONSE TO THE INVITATION AS FOLLOWS: CHART MINNESOTA MINING AND MANUFACTURING COMPANY ITEM 1. 20 EACH. 600 CUBIC INCHES AT ?0935 ................... 430.10 YOU STATE THAT IT WAS NOTED THAT WHILE ON THE BASIS OF TOTAL AMOUNTS SHOWN IN ITS BID THE MINNESOTA MINING AND MANUFACTURING COMPANY WAS THE LOW BIDDER ON EACH ITEM.

B-136870, JUL. 30, 1958

TO COLONEL CHARLES B. SHAW, OFFICER IN CHARGE, THE AMERICAN BATTLE MONUMENTS COMMISSION:

REFERENCE IS MADE TO YOUR LETTER OF JULY 18, 1958, REQUESTING A DECISION AS TO THE ACTION TO BE TAKEN CONCERNING AN ERROR WHICH THE MINNESOTA MINING AND MANUFACTURING COMPANY ALLEGES WAS MADE IN ITS BID SUBMITTED IN RESPONSE TO INVITATION NO. M-58-3. RECEIPT IS ALSO ACKNOWLEDGED OF YOUR LETTER OF JULY 23, 1958, WITH ENCLOSURE.

YOU STATE THAT BY THE REFERRED-TO INVITATION, BIDS WERE REQUESTED FOR FURNISHING THREE ITEMS OF SYNTHETIC RUBBER CAULKING COMPOUND, NAMELY, (1) 4,600 CUBIC INCHES OF LIGHT TAN OR LIGHT BUFF COLOR COMPOUND; (2) 31,200 CUBIC INCHES OF BLACK COLOR COMPOUND; AND (3) 4,600 CUBIC INCHES OF LIGHT CREAM COLOR COMPOUND. THREE BIDS WERE RECEIVED IN RESPONSE TO THE INVITATION AS FOLLOWS:

CHART

MINNESOTA MINING AND MANUFACTURING COMPANY ITEM 1. 20 EACH, 3/4 - GALLON KITS, AT $20.55 ..

$ 411.00 ITEM 2. 140 EACH, 3/4 - GALLON KITS, AT $19.75 .. 2,765.00 ITEM 3. 20 EACH, 3/4 - GALLON KITS, AT $21.10 .. 422.00

PRODUCTS RESEARCH COMPANY ITEM 1. 27 EACH, 3/4 - GALLON KITS, AT $15.69 .. $ 423.63 ITEM 2. 181 EACH, 3/4 - GALLON KITS, AT $15.69 .. 2,839.89 ITEM 3. NO BID

EV-AIR-TIGHT CALKING COMPANY

----------------------------- ITEM 1. 4,600 CUBIC INCHES AT ?0935 .................. . $ 430.10 ITEM 2. 31,200 CUBIC INCHES AT ?0935 ................... 2,917.20 ITEM 3. 4,600 CUBIC INCHES AT ?0935 ................... 430.10

YOU STATE THAT IT WAS NOTED THAT WHILE ON THE BASIS OF TOTAL AMOUNTS SHOWN IN ITS BID THE MINNESOTA MINING AND MANUFACTURING COMPANY WAS THE LOW BIDDER ON EACH ITEM, THE COMPANY WAS PROPOSING TO FURNISH LESSER QUANTITIES OF MATERIAL AT HIGHER UNIT PRICES; THAT IT WAS ALSO NOTED THAT WHILE BOTH THE MINNESOTA MINING AND MANUFACTURING COMPANY AND THE NEXT LOWEST BIDDER HAD COMPUTED THE QUANTITIES OF THEIR MATERIAL IN LIQUID MEASURE THAT WOULD BE REQUIRED TO PROVIDE THE CUBIC INCHES OF CAULKING COMPOUND DESIRED BY THE COMMISSION, THE COMPANY HAD ESTIMATED THAT 20 AND 140 3/4--- GALLON KITS WOULD BE REQUIRED UNDER ITEMS 1 AND 2, WHEREAS THE NEXT LOW BIDDER HAD ESTIMATED THAT 27 AND 181 3/4--- GALLON KITS WOULD BE REQUIRED UNDER THOSE ITEMS, WHICH, YOU STATE, IS A MORE ACCURATE ESTIMATE OF THE QUANTITY REQUIRED BY THE COMMISSION. IT IS FURTHER STATED THAT IT WAS ALSO NOTED THAT THE QUANTITIES AND UNIT PRICES OF THE MINNESOTA MINING AND MANUFACTURING COMPANY, HAD THEY BEEN STATED ON A FULL-GALLON BASIS, WOULD VERY CLOSELY APPROXIMATE THE 3/4--- GALLON QUANTITIES AND PRICES OF THE NEXT LOWEST BIDDER; THAT THE POSSIBILITY OF AN ERROR IN THE COMPANY'S BID WAS BROUGHT TO THE ATTENTION OF REPRESENTATIVES OF THE COMPANY AND THAT THE COMPANY HAS VERIFIED THAT ITS QUANTITIES AND PRICES SHOULD HAVE BEEN STATED ON A FULL-GALLON BASIS AND HAS REQUESTED THAT ITS BID BE CORRECTED ACCORDINGLY.

IN A CONFIRMING TELEGRAM DATED JULY 16, 1958, THE COMPANY STATED THAT THE UNIT PRICES OF $20.55, $19.75 AND $21.10 QUOTED BY IT FOR ITEMS 1, 2 AND 3, RESPECTIVELY, ARE BASED ON FURNISHING 1-GALLON KITS. THE COMPANY ALSO STATED THAT SINCE 135 GALLONS IS PRACTICALLY EQUIVALENT TO 31,200 CUBIC INCHES--- THE QUANTITY STIPULATED UNDER ITEM 2 OF THE INVITATION--- THAT AMOUNT RATHER THAN THE AMOUNT OF 140, AS STATED IN ITS BID, IS THE CORRECT QUANTITY REQUIRED UNDER ITEM 2.

THE COMPANY CONTENDS THAT THE UNIT PRICES QUOTED BY IT FOR ITEMS 1, 2 AND 3 ARE BASED ON FURNISHING A 1-GALLON KIT RATHER THAN A 3/4-GALLON KIT. THE COMPANY'S BID IS CHANGED IN ACCORDANCE WITH THIS CONTENTION, IT WILL THEN BECOME THE LOWEST BIDDER ON THE REQUIRED QUANTITY OF CAULKING COMPOUND. HOWEVER, THE COMPANY HAS SUBMITTED NO PROOF THAT ITS UNIT BID PRICES WERE BASED ON FURNISHING A 1-GALLON KIT. IT IS FUNDAMENTAL, OF COURSE, THAT BIDS MAY NOT BE CHANGED AFTER THEY ARE OPENED. 17 COMP. GEN. 575.

IN THE CIRCUMSTANCES, WE FIND NO LEGAL BASIS FOR AUTHORIZING THE MINNESOTA MINING AND MANUFACTURING COMPANY TO INCREASE THE UNIT SHOWN IN ITS BID FOR ITEMS 1, 2 AND 3 FROM A 3/4-GALLON KIT TO A 1-GALLON KIT.