B-140241, JUL. 31, 1959

B-140241: Jul 31, 1959

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BUREAU OF INDIAN AFFAIRS: REFERENCE IS MADE TO YOUR LETTER DATED JULY 15. REQUESTING OUR DECISION AS TO THE ACTION TO BE TAKEN WITH RESPECT TO AN ERROR ALLEGED TO HAVE BEEN MADE IN THE BID OF D. TEN DAYS AFTER BIDS WERE RECEIVED. ADVISED THE GALLUP AREA OFFICE THAT ITS BID SHOULD HAVE BEEN $21. A THERMOFAX COPY OF THE BID ESTIMATE SHEET WAS SWORN TO BY THE SECRETARY OF D. 898 WAS ARRIVED AT INSTEAD OF THE CORRECT AMOUNT OF $20. THE ABSTRACT OF BIDS SHOWS THAT EIGHT OTHER BIDS WERE RECEIVED WHICH RANGED FROM $19. DOUBT THAT AN ERROR WAS MADE IN THE BID OF D. SINCE IT WAS ALLEGED PROMPTLY AND ACCEPTABLE PROOF FURNISHED TO SUBSTANTIATE THE EXPLANATION THEREOF. ARE RETURNED HEREWITH.

B-140241, JUL. 31, 1959

TO MR. CHARLES E. MORELOCK, ACTING AREA DIRECTOR, DEPARTMENT OF THE INTERIOR, BUREAU OF INDIAN AFFAIRS:

REFERENCE IS MADE TO YOUR LETTER DATED JULY 15, 1959, WITH ENCLOSURES, REQUESTING OUR DECISION AS TO THE ACTION TO BE TAKEN WITH RESPECT TO AN ERROR ALLEGED TO HAVE BEEN MADE IN THE BID OF D. W. FALLS, INC., ALBUQUERQUE, NEW MEXICO, UNDER INVITATION NO. GA600-34470, DATED MAY 5, 1959.

IN RESPONSE TO THE INVITATION, D. W. FALLS, INC., SUBMITTED A BID OFFERING TO CLEAR TIMBER AND BRUSH OFF OF A 740-ACRE AREA OF LAND ON THE SANDIA PUEBLO, SANDOVAL COUNTY, NEW MEXICO, FOR A TOTAL CONSIDERATION OF $11,100. TEN DAYS AFTER BIDS WERE RECEIVED, THE CORPORATION, BY WIRE DATED JUNE 13, 1959, ADVISED THE GALLUP AREA OFFICE THAT ITS BID SHOULD HAVE BEEN $21,100 INSTEAD OF $11,100 AND, THEREFORE, REQUESTED THAT ITS BID BE WITHDRAWN. SUBSEQUENTLY, THE CORPORATION FURNISHED COPIES OF ITS ORIGINAL BID ESTIMATE IN SUPPORT OF THE ALLEGATION OF ERROR.

A THERMOFAX COPY OF THE BID ESTIMATE SHEET WAS SWORN TO BY THE SECRETARY OF D. W. FALLS, INC., AS BEING AN EXACT DUPLICATE OF THE ORIGINAL BID ESTIMATE AND SHOWS, AS EXPLAINED BY THE CORPORATION, THAT IN EXTENDING THE AMOUNT OF THE BID FOR THE ESTIMATED NUMBER OF HOURS OF WORK INVOLVED AT THE ESTIMATED RATE PER HOUR--- 450 HOURS AT $46.44 AN HOUR--- THE AMOUNT OF $10,898 WAS ARRIVED AT INSTEAD OF THE CORRECT AMOUNT OF $20,898. HENCE, THE COPY OF THE BID ESTIMATE APPEARS TO SUBSTANTIATE THE CORPORATION'S ALLEGATION OF THE ERROR OF $10,000 IN THE BID WHICH, AFTER INCLUDING AN ADDITIONAL AMOUNT OF APPROXIMATELY TWO PERCENT TO COVER THE STATE SCHOOL TAXES, RESULTED IN THE ROUNDED OUT BID OF $11,100. MOREOVER, THE ABSTRACT OF BIDS SHOWS THAT EIGHT OTHER BIDS WERE RECEIVED WHICH RANGED FROM $19,749.75 TO $98,450.

IN VIEW OF THE FOREGOING, THERE CAN BE LITTLE, IF ANY, DOUBT THAT AN ERROR WAS MADE IN THE BID OF D. W. FALLS, INC., AND SINCE IT WAS ALLEGED PROMPTLY AND ACCEPTABLE PROOF FURNISHED TO SUBSTANTIATE THE EXPLANATION THEREOF, THE BID OF THE CORPORATION MAY BE DISREGARDED IN MAKING THE AWARD.

THE PAPERS, WITH THE EXCEPTION OF THE COPY OF THE LETTER DATED JUNE 17, 1959, OF D. W. FALLS, INC., ITS AFFIDAVIT AND THE THERMOFAX COPY OF THE BID ESTIMATE SHEET, ARE RETURNED HEREWITH.