B-140177, JUL. 21, 1959

B-140177: Jul 21, 1959

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DEPARTMENT OF THE INTERIOR: REFERENCE IS MADE TO YOUR LETTER OF JULY 9. BIDS WERE REQUESTED FOR FURNISHING MATERIALS AND FOR PERFORMING ALL WORK NECESSARY FOR THE CONSTRUCTION OF A VISITOR CENTER AND A 3-UNIT APARTMENT HOUSE AT MONTEZUMA CASTLE NATIONAL MONUMENT. HUTCHESON WAS ADVISED TO SUBMIT A STATEMENT EXPLAINING THE ERROR AND HIS ORIGINAL WORKSHEETS. WHICH SHOWS VARIOUS ITEMS OF COST AND THE TOTAL OF THOSE ITEMS IS SHOWN AS $39. THE CORRECT TOTAL FOR THESE ITEMS IS $49.940. IT IS APPARENT THAT THE INTENDED BID PRICE FOR THE VISITOR CENTER WAS $49. WHICH AMOUNT IS STILL LOWER THAN THE NEXT LOWEST BID RECEIVED ON THAT PROJECT.

B-140177, JUL. 21, 1959

TO MR. HUGH M. MILLER, CONTRACTING OFFICER, NATIONAL PARK SERVICE, DEPARTMENT OF THE INTERIOR:

REFERENCE IS MADE TO YOUR LETTER OF JULY 9, 1959, WITH ENCLOSURES, FILE REFERENCE D3415, REQUESTING A DECISION AS TO THE ACTION TO BE TAKEN CONCERNING AN ERROR WHICH MR. CLYDE HUTCHESON, FLAGSTAFF, ARIZONA, ALLEGES HE MADE IN HIS BID OPENED ON JUNE 23, 1959.

BY INVITATION DATED MAY 15, 1959, BIDS WERE REQUESTED FOR FURNISHING MATERIALS AND FOR PERFORMING ALL WORK NECESSARY FOR THE CONSTRUCTION OF A VISITOR CENTER AND A 3-UNIT APARTMENT HOUSE AT MONTEZUMA CASTLE NATIONAL MONUMENT, CAMP VERDE, ARIZONA, PROJECT NO. MC-W-203. IN RESPONSE MR. CLYDE HUTCHESON SUBMITTED A BID DATED JUNE 20, 1959, OFFERING TO CONSTRUCT THE VISITOR CENTER FOR THE LUMP SUM OF $39,940 AND TO CONSTRUCT THE APARTMENT HOUSE FOR THE LUMP SUM OF $26,270. THE ABSTRACT OF BIDS SHOWS THAT THE TWO OTHER BIDDERS ON THE VISITOR CENTER QUOTED PRICES OF $67,258 AND $73,750.

YOU STATE THAT ON JUNE 29, 1959, MR. HUTCHESON ADVISED YOUR OFFICE BY TELEPHONE THAT AN ERROR IN ADDITION HAD BEEN MADE ON HIS WORKSHEET FOR THE VISITOR CENTER AND THAT MR. HUTCHESON WAS ADVISED TO SUBMIT A STATEMENT EXPLAINING THE ERROR AND HIS ORIGINAL WORKSHEETS.

IN A CONFIRMING TELEGRAM DATED JUNE 29, 1959, MR. HUTCHESON STATED THAT HIS BID PRICE FOR THE VISITOR CENTER HAD BEEN UNDERSTATED BY $10,000 AND THAT HE WOULD BE WILLING TO SIGN THE CONTRACT PAPERS ON THE BASIS OF THE CORRECT BID PRICE OF $49,940. BY LETTER DATED JULY 2, 1959, MR. HUTCHESON SUBMITTED HIS WORKSHEET, WHICH SHOWS VARIOUS ITEMS OF COST AND THE TOTAL OF THOSE ITEMS IS SHOWN AS $39,940. MR. HUTCHESON'S ORIGINAL BID PRICE. THE CORRECT TOTAL FOR THESE ITEMS IS $49.940.

ON THE BASIS OF THE FACTS AND EVIDENCE OF RECORD, THERE APPEARS NO DOUBT THAT MR. HUTCHESON MADE AN ERROR IN HIS BID, AS ALLEGED, AND IT IS APPARENT THAT THE INTENDED BID PRICE FOR THE VISITOR CENTER WAS $49,940, WHICH AMOUNT IS STILL LOWER THAN THE NEXT LOWEST BID RECEIVED ON THAT PROJECT. ACCORDINGLY, THE BID OF MR. CLYDE HUTCHESON MAY BE CORRECTED TO PROVIDE FOR A PRICE OF $49,940 FOR THE VISITOR CENTER, AND THE BID, AS SO CORRECTED, MAY BE CONSIDERED WITH THE OTHER BIDS IN MAKING THE AWARD.

IN THE EVENT OF AWARD OF THE VISITOR CENTER TO MR. HUTCHESON, A REFERENCE TO THIS DECISION SHOULD BE MADE ON THE CONTRACT.