B-140825, OCT. 20, 1959

B-140825: Oct 20, 1959

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ADMINISTRATION: REFERENCE IS MADE TO YOUR LETTER DATED SEPTEMBER 18. WHICH WAS AWARDED TO ENGELEN CORPORATION ON MAY 8. IT APPEARS THAT CERTAIN SCREENLINE CHANGES WERE FOUND NECESSARY DURING PROGRESS OF THE WORK. PRICE PROPOSALS ON THESE AND OTHER CHANGES WERE REQUESTED FROM THE CONTRACTOR ON THE BASIS OF DRAWING NUMBERED 11-2. THE CONTRACTOR SUBMITTED A PROPOSAL FOR "SCREENLINE CHANGES AS PER DRAWING 11-2" WHICH QUOTED A TOTAL PRICE OF $252 AND SHOWED THAT SUCH AMOUNT WAS BASED UPON ESTIMATED COSTS OF $198.85 FOR INTERIOR BRICKWORK AND EXTENSION OF PLATFORM. CHANGES SET OUT IN DRAWING NO. 11 2 WERE ACCORDINGLY INCORPORATED AS ITEM 2 OF CHANGE ORDER NO. 9. WHILE THE GENERAL NOTES ON DRAWING NO. 11-2 STATED THAT "NEW WORK (IS) SHOWN HATCHED OR NOTED" AND "WORK TO BE CHANGED IS SHOWN DOTTED OR NOTED.

B-140825, OCT. 20, 1959

TO HONORABLE FRANKLIN FLOETE, ADMINISTRATOR, GENERAL SERVICES, ADMINISTRATION:

REFERENCE IS MADE TO YOUR LETTER DATED SEPTEMBER 18, 1959, REQUESTING OUR ADVICE AS TO WHETHER CONTRACT NO. GS-00-B-2811/C), WHICH WAS AWARDED TO ENGELEN CORPORATION ON MAY 8, 1958, FOR CONSTRUCTION OF A POST OFFICE AT REDWOOD FALLS, MINNESOTA, MAY BE REFORMED TO INCLUDE ADDITIONAL COMPENSATION IN THE AMOUNT OF $115 CLAIMED BY THE CONTRACTOR.

STATED BRIEFLY, IT APPEARS THAT CERTAIN SCREENLINE CHANGES WERE FOUND NECESSARY DURING PROGRESS OF THE WORK. SUCH CHANGES INCLUDED INTERIOR BRICKWORK, EXTENSION OF LOCKBOX PLATFORM, INSTALLATION OF DUSTPROOF OUTLETS, AND REVISIONS IN MATERIALS AND TYPES OF TRANSOM PANELS AND MOLDINGS. PRICE PROPOSALS ON THESE AND OTHER CHANGES WERE REQUESTED FROM THE CONTRACTOR ON THE BASIS OF DRAWING NUMBERED 11-2. UNDER DATE OF APRIL 4, 1959, THE CONTRACTOR SUBMITTED A PROPOSAL FOR "SCREENLINE CHANGES AS PER DRAWING 11-2" WHICH QUOTED A TOTAL PRICE OF $252 AND SHOWED THAT SUCH AMOUNT WAS BASED UPON ESTIMATED COSTS OF $198.85 FOR INTERIOR BRICKWORK AND EXTENSION OF PLATFORM, PLUS $53.35 FOR INSTALLATION OF DUSTPROOF OUTLETS. CHANGES SET OUT IN DRAWING NO. 11 2 WERE ACCORDINGLY INCORPORATED AS ITEM 2 OF CHANGE ORDER NO. 9, APPARENTLY DATED APRIL 18, 1959, WITH AN INCREASE OF $252 IN THE CONTRACT PRICE TO COMPENSATE THE CONTRACTOR FOR SUCH CHANGES.

BY LETTER DATED JUNE 6, 1959, THE CONTRACTOR CALLED THE ATTENTION OF THE REGIONAL DIRECTOR, PUBLIC BUILDINGS SERVICE, TO THE FACT THAT, WHILE THE GENERAL NOTES ON DRAWING NO. 11-2 STATED THAT "NEW WORK (IS) SHOWN HATCHED OR NOTED" AND "WORK TO BE CHANGED IS SHOWN DOTTED OR NOTED," THE DRAWING CONTAINED NO NOTATIONS, HATCHED, OR DOTTED AREAS TO INDICATE TRANSOM CHANGES. WHILE THE CONTRACTOR ACKNOWLEDGED THAT THE TRANSOM CHANGES WERE SHOWN ON STANDARD DRAWING 6-16-15A, AND THAT A REFERENCE TO SUCH STANDARD DRAWING APPEARED ON DRAWING 11-2, IT APPEARS TO BE HIS POSITION THAT HE WAS MISLED BY THE GENERAL NOTES ON DRAWING 11-2 INTO QUOTING A PRICE WHICH DID NOT INCLUDE THE COST OF THE TRANSOM CHANGES.

EXAMINATION OF THE CONTRACTOR'S PROPOSAL OF APRIL 4, 1959, ESTABLISHES BEYOND ANY REASONABLE DOUBT THAT THE PRICE OF $252 FOR THE ITEM 2 SCREENLINE CHANGES DID NOT INCLUDE COST OF TRANSOM CHANGES, AND IT MAY WELL BE CONTENDED THAT THE ITEMIZED FORM IN WHICH SUCH PROPOSAL WAS SUBMITTED WAS SUFFICIENTLY CLEAR AND COMPLETE TO PUT THE CONTRACTING OFFICER ON NOTICE OF THE CONTRACTOR'S ERROR. ADDITIONALLY, THE AMOUNT OF SUCH ERROR WOULD APPEAR TO BE SUFFICIENTLY ESTABLISHED BY THE SUBCONTRACTOR'S ESTIMATE OF $115 FOR THE TRANSOM CHANGES WHICH THE CONTRACTOR SUBMITTED WITH HIS LETTER OF JUNE 6.

IN VIEW THEREOF, AND IN VIEW OF THE CONCURRENCE OF THE ARCHITECT AND THE CHIEF, DESIGN AND CONSTRUCTION DIVISION, IN THE VALIDITY AND CORRECTNESS OF THE CLAIM, THE CONTRACT MAY BE AMENDED AND ADDITIONAL PAYMENT TO THE CONTRACTOR IN THE AMOUNT OF $115 MAY BE AUTHORIZED.

A COPY OF THIS DECISION SHOULD BE ATTACHED TO THE CONTRACT AND REFERENCE TO THIS DECISION SHOULD BE MADE ON THE PAYMENT VOUCHER.