B-141385, DEC. 14, 1959

B-141385, DEC. 14, 1959

TO MR. BENJAMIN F. GIBSON, AUTHORIZED CERTIFYING OFFICER, NATIONAL PARK SERVICE:

REFERENCE IS MADE TO YOUR LETTER OF DECEMBER 1, 1959, WITH ENCLOSURES, REQUESTING OUR DECISION AS TO WHETHER AN INVOICE SUBMITTED BY BONDED APPLICATORS, INC., IN THE AMOUNT OF $3,744 MAY BE CERTIFIED FOR PAYMENT. THE INVOICE REPRESENTS A CLAIM FOR WORK PERFORMED UNDER CONTRACT NO. 14-10 -529-122 WHICH AROSE BY REASON OF A TYPOGRAPHICAL ERROR IN BID ALLEGED SUBSEQUENT TO AWARD OF THE CONTRACT.

A VOUCHER COVERING THE PAYMENT IN QUESTION WAS NOT ENCLOSED WITH YOUR LETTER. AS A CERTIFYING OFFICER YOU ARE NOT ENTITLED TO A DECISION EXCEPT AS TO A QUESTION OF LAW INVOLVED IN A PAYMENT ON VOUCHER PRESENTED TO YOU FOR CERTIFICATION. 35 COMP. GEN. 28; 26 ID. 797; 21 ID. 1128. HOWEVER, ON THE BASIS OF THE INVOICE ENCLOSED WITH YOUR LETTER, THE REQUIREMENT FOR A VOUCHER IN THIS INSTANCE WILL BE WAIVED WITH THE UNDERSTANDING THAT PROPERLY PREPARED VOUCHERS WILL BE SUBMITTED IN THE FUTURE WITH REQUESTS FOR DECISIONS.

IN RESPONSE TO INVITATION FOR BIDS DATED JUNE 9, 1959, BONDED APPLICATORS, INC., SUBMITTED ITS BASE BID IN THE AMOUNT OF $36,862 FOR RE- ROOFING AND RELATED WORK AT GETTYSBURG NATIONAL MILITARY PARK, AND UNDER ITEM 4 (B) CALLING FOR UNIT PRICES ON REPLACEMENT OF ROOF FRAMING PER THOUSAND BOARD FEET, BONDED APPLICATORS, INC., BID $1. THE OTHER RESPONSIVE UNIT PRICES BIDS RECEIVED UNDER ITEM 4 (B) RANGED FROM $350 TO $500 PER THOUSAND BOARD FEET. SINCE BONDED APPLICATORS, INC., SUBMITTED THE LOWEST BASE BID, ITS BID WAS ACCEPTED.

BY LETTER DATED NOVEMBER 13, 1959, THE CONTRACTOR ALLEGED AN ERROR IN ITS BID IN THAT IT HAD OVERLOOKED THE FACT THAT ITEM 4 (B) CALLED FOR BIDS ON A THOUSAND BOARD FOOT BASIS, AND INSTEAD BID ON A PER BOARD FOOT BASIS. THE CONTRACTOR FURTHER ADVISED THAT ITS BID SHOULD HAVE BEEN $1,000 PER THOUSAND BOARD FEET, AND HAS REQUESTED THAT THE BILLING FOR THIS ITEM BE ACCEPTED AT $1 PER BOARD FEET OR $3,744 FOR 3,744 BOARD FEET REQUIRED IN THE REPLACEMENT OF ROOF FRAMING.

IN VIEW OF THE FACTS REPORTED AND AS SHOWN IN THE FILE, IT MAY BE REGARDED AS SATISFACTORILY ESTABLISHED THAT THE CONTRACTOR MADE A BONA FIDE ERROR IN ITS BID ON ITEM 4 (B) AS ALLEGED AND EXPLAINED BY IT. ALSO, BECAUSE OF THE WIDE DISPARITY BETWEEN ITS BID AND OTHERS RECEIVED ON ITEM 4 (B), IT IS CONCLUDED THAT THE CONTRACTING OFFICER SHOULD HAVE REQUESTED VERIFICATION BEFORE MAKING THE AWARD.

FOR THE REASONS SET FORTH ABOVE, OUR OFFICE WILL NOT OBJECT TO THE PAYMENT OF THE AMOUNT CLAIMED, ESPECIALLY SINCE IT WILL NOT RESULT IN A TOTAL PAYMENT TO THE CONTRACTOR IN EXCESS OF THE TOTAL COMPARATIVE AMOUNT OF THE NEXT LOW BID. REFERENCE TO THIS DECISION SHOULD BE MADE ON THE PAYMENT VOUCHER.