B-140292, JUL. 30, 1959

B-140292: Jul 30, 1959

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HILL: REFERENCE IS MADE TO YOUR LETTER OF JULY 22. TO HAVE BEEN MADE IN THEIR BID SUBMITTED IN RESPONSE TO SPECIFICATIONS NO. 500C-68 FOR BERMUDA GRASSING DOWNSTREAM SLOPE. THE ABSTRACT OF BIDS SHOWS THAT TWO BIDS WERE RECEIVED IN THIS CASE. YOU REPORT THAT IN CHECKING THE LOW BID A CLERICAL ERROR IN THE EXTENSION OF ITEM 2 WAS NOTED AND CORRECTED AND THAT. IN THAT HIS BID SHOULD HAVE BEEN 27 CENTS PER SQUARE YARD RATHER THAN 7 CENTS PER SQUARE YARD AS SHOWN IN THE LOW BID. THERE WAS TRANSMITTED WITH YOUR LETTER AN AFFIDAVIT DATED JULY 14. - TO THE EFFECT THAT THE ERROR WAS CLERICAL. ALTHOUGH THE FIGURE "2" IS SO POORLY WRITTEN IT CAN BE MISTAKEN FOR A ZERO. IT WAS STATED IN YOUR LETTER THAT A COMPARISON OF THE BIDS RECEIVED FOR THIS WORK WAS MADE WITH YOUR ENGINEER'S ESTIMATE AND THE PROGRAMED AMOUNT.

B-140292, JUL. 30, 1959

TO MR. LEON W. HILL:

REFERENCE IS MADE TO YOUR LETTER OF JULY 22, 1959, WITH ENCLOSURES, SUBMITTING FOR CONSIDERATION THE MATTER OF A MISTAKE ALLEGED BY WOLFE BROTHERS, P.O. BOX 517, CRESCENT, OKLAHOMA, TO HAVE BEEN MADE IN THEIR BID SUBMITTED IN RESPONSE TO SPECIFICATIONS NO. 500C-68 FOR BERMUDA GRASSING DOWNSTREAM SLOPE, FORT COBB DAM, WASHITA BASIN PROJECT, OKLAHOMA.

THE ABSTRACT OF BIDS SHOWS THAT TWO BIDS WERE RECEIVED IN THIS CASE, THE LOWER BEING THAT SUBMITTED BY WOLFE BROTHERS IN THE AMOUNT OF $12,615, AND THE SECOND LOW BY C. J. TATE AND SONS IN THE AMOUNT OF $48,240. YOU REPORT THAT IN CHECKING THE LOW BID A CLERICAL ERROR IN THE EXTENSION OF ITEM 2 WAS NOTED AND CORRECTED AND THAT, AS CORRECTED, THE LOW BID WOULD BE INCREASED TO $16,800. YOU REPORT, FURTHER THAT IMMEDIATELY AFTER THE BID OPENING, THE "BIDDER'S CARRIER" TELEPHONED THE LOW BIDDER AND HE RELAYED THE MESSAGE THAT THE LOW BIDDER HAD MADE A MISTAKE ON ITEM 3, IN THAT HIS BID SHOULD HAVE BEEN 27 CENTS PER SQUARE YARD RATHER THAN 7 CENTS PER SQUARE YARD AS SHOWN IN THE LOW BID. THE LOW BIDDER SENT A TELEGRAM ON JULY 10, 1959, TO THE PROJECT MANAGER, REQUESTING WITHDRAWAL OF HIS BID UNDER THE INDICATED SPECIFICATIONS. IN SUPPORT OF THE ALLEGED ERROR, THERE WAS TRANSMITTED WITH YOUR LETTER AN AFFIDAVIT DATED JULY 14, 1959, BY MR. DON E. WOLFE--- ONE OF THE PARTNERS--- TO THE EFFECT THAT THE ERROR WAS CLERICAL. THE BIDDER'S WORKSHEET SHOWS A PRICE OF 27 CENTS PER SQUARE YARD FOR ITEM 3, ALTHOUGH THE FIGURE "2" IS SO POORLY WRITTEN IT CAN BE MISTAKEN FOR A ZERO.

IT WAS STATED IN YOUR LETTER THAT A COMPARISON OF THE BIDS RECEIVED FOR THIS WORK WAS MADE WITH YOUR ENGINEER'S ESTIMATE AND THE PROGRAMED AMOUNT; THAT THE ENGINEER'S ESTIMATE WAS $44,400; THAT THE SECOND BID WAS IN THE AMOUNT OF $48,240; AND THAT THE PROGRAMED AMOUNT FOR THE WORK WAS $50,000. YOU, THEREFORE, ARE OF THE VIEW THAT WOLFE BROTHERS SUBMITTED AN UNSOUND BID AND YOU RECOMMEND THAT THE LOW BID BE PERMITTED TO BE WITHDRAWN AND AWARD AUTHORIZED TO THE SECOND LOW BIDDER.

ON THE BASIS OF THE RECORD BEFORE OUR OFFICE, THERE IS NO REASONABLE ROOM FOR DOUBT THAT AN ERROR IN BID WAS MADE BY THE LOW BIDDER. ACCORDINGLY, SINCE THE ERROR WAS ALLEGED AND EXPLAINED PRIOR TO AWARD, THE BID OF WOLFE BROTHERS MAY BE DISREGARDED IN MAKING AN AWARD.