B-141977, FEB. 26, 1960

B-141977: Feb 26, 1960

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TO THE SECRETARY OF THE ARMY: REFERENCE IS MADE TO A LETTER DATED FEBRUARY 9. IN CONNECTION WITH AN ERROR ALLEGED TO HAVE BEEN MADE IN ITS BID ON WHICH CONTRACT NO. DA 09-038-AIII-1461 IS BASED. THE CONTRACT WAS ENTERED INTO AS A RESULT OF COMPETITIVE BIDDING. SIX OF THESE HYDRANTS WERE SHOWN ON DRAWING PE-3998 (UPATOI TERRACE) WHILE THE REMAINING 25 HYDRANTS WERE SHOWN ON DRAWINGS PE 3999 (CUSTER ROAD TERRACE) AND PE-4000 (CUSTER ROAD TERRACE ANNEX). ONLY THE CONNECTIONS TO THE 25 FIRE HYDRANTS ON DRAWINGS PE -3999 AND PE-4000 WERE SHOWN SEPARATELY IN THE UNIT PRICE SCHEDULE. THERE WAS NO PLACE IN THE SCHEDULE TO SHOW THE PRICE FOR THE CONNECTIONS TO EXISTING MAINS IN UPATOI TERRACE. IT HAD TO BE PRESUMED THAT A PRICE FOR MAKING THE LATTER CONNECTIONS WAS INCLUDED IN ITEM NO. 10.

B-141977, FEB. 26, 1960

TO THE SECRETARY OF THE ARMY:

REFERENCE IS MADE TO A LETTER DATED FEBRUARY 9, 1960, WRITTEN IN BEHALF OF THE ASSISTANT SECRETARY OF THE ARMY (LOGISTICS) REQUESTING A DECISION AS TO WHETHER RELIEF MAY BE GRANTED TO HARRELSON CONSTRUCTION CO., INC., IN CONNECTION WITH AN ERROR ALLEGED TO HAVE BEEN MADE IN ITS BID ON WHICH CONTRACT NO. DA 09-038-AIII-1461 IS BASED.

THE CONTRACT WAS ENTERED INTO AS A RESULT OF COMPETITIVE BIDDING. THE BIDDING SCHEDULE IN THE INVITATION CONTAINED 22 SEPARATE ITEMS OF WORK COVERING THE FURNISHING AND INSTALLATION OF VARIOUS SIZES OF GATE VALVES, FIRE HYDRANTS, CONNECTIONS, AND REMOVING AND REPLACING PAVING, ALL IN CONNECTION WITH THE AUGMENTATION OF THE WATER DISTRIBUTION SYSTEM, WHERRY HOUSING, FORT BENNING, GEORGIA. ITEM NO. 10 CALLED FOR THE FURNISHING AND INSTALLATION OF FIRE HYDRANTS "COMPLETE IN PLACE" FOR WHICH THE CONTRACTOR HAD BID THE AMOUNT OF $215 FOR EACH OF THE 31 HYDRANTS. SIX OF THESE HYDRANTS WERE SHOWN ON DRAWING PE-3998 (UPATOI TERRACE) WHILE THE REMAINING 25 HYDRANTS WERE SHOWN ON DRAWINGS PE 3999 (CUSTER ROAD TERRACE) AND PE-4000 (CUSTER ROAD TERRACE ANNEX). ITEMS NOS. 11 TO 19, INCLUSIVE, COVERED THE MAKING OF CONNECTIONS FOR 25 HYDRANTS, INVOLVING VARIOUS SIZES OF MAINS AND THOSE HYDRANTS SHOWN ON DRAWINGS PE-3999 AND PE-4000. THUS, WHILE EACH FIRE HYDRANT INSTALLATION REQUIRED A CONNECTION TO AN EXISTING OR A NEW MAIN, ONLY THE CONNECTIONS TO THE 25 FIRE HYDRANTS ON DRAWINGS PE -3999 AND PE-4000 WERE SHOWN SEPARATELY IN THE UNIT PRICE SCHEDULE, BEING ITEMS NOS. 11 TO 19, INCLUSIVE, AND THERE WAS NO PLACE IN THE SCHEDULE TO SHOW THE PRICE FOR THE CONNECTIONS TO EXISTING MAINS IN UPATOI TERRACE, 6 IN NUMBER. IT HAD TO BE PRESUMED THAT A PRICE FOR MAKING THE LATTER CONNECTIONS WAS INCLUDED IN ITEM NO. 10, WHICH CALLED FOR WORK OF INSTALLING 31 HYDRANTS, COMPLETE IN PLACE.

UPON COMPLETION OF THE WORK AND IN A LETTER OF SEPTEMBER 8, 1959, PRESENTING THE FINAL PAYMENT VOUCHER, THE CONTRACTOR POINTED OUT THE FACT THAT IT DID NOT INCLUDE ANYTHING IN ITS BID FOR THE WORK OF MAKING 6 CONNECTIONS TO MAINS IN THE UPATOI TERRACE AREA AND IT CLAIMED A TOTAL OF $625 FOR THESE CONNECTIONS.

IT IS ADMITTED BY THE CONTRACTING OFFICER AND THE POST ENGINEER THAT THE GOVERNMENT CONTRIBUTED TO THE CONFUSION IN REGARD TO THE 31 CONNECTIONS BY LISTING THE WORK OF MAKING 25 CONNECTIONS SEPARATELY AND CONSIDERING THAT THE WORK OF MAKING 6 CONNECTIONS AS BEING INCLUDED UNDER ITEM NO. 10.

SINCE THE RECORD ESTABLISHES THAT THE CONTRACTOR HAD NOT INCLUDED ANY AMOUNT IN ITS BID FOR MAKING THE 6 CONNECTIONS INVOLVED AND SINCE THE GOVERNMENT WAS IN PART RESPONSIBLE FOR THE INCONSISTENCY IN THE BIDDING SCHEDULE, THE CONTRACTOR MAY BE ALLOWED AN ADDITIONAL AMOUNT FOR PERFORMING THIS WORK. ACCORDINGLY, PAYMENT OF THE AMOUNT OF $625 MAY BE MADE, AS RECOMMENDED BY THE CONTRACTING OFFICER.

THE PAPERS, EXCEPT THE STATEMENT OF THE CONTRACTING OFFICER, DATED JANUARY 12, 1960, ARE RETURNED HEREWITH.