B-143402, JUL. 13, 1960

B-143402: Jul 13, 1960

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BUREAU OF RECLAMATION: REFERENCE IS MADE TO YOUR LETTER DATED JULY 1. REQUESTING OUR DECISION AS TO THE APPROPRIATE ACTION TO BE TAKEN IN REGARD TO AN ERROR ALLEGED BY THE GENERAL ELECTRIC COMPANY TO HAVE BEEN MADE IN ITS BID UNDER INVITATION NO. WHICH WAS ISSUED ON APRIL 11. THE GENERAL ELECTRIC COMPANY STATES THAT SINCE THERE IS BASICALLY AN EXCESS OF $1. TWO OTHER BIDS WERE RECEIVED UNDER INVITATION NO. 184.55 OF THE GENERAL ELECTRIC COMPANY IS SUBSTANTIALLY LOWER THAN THE OTHER TWO BIDS. THE COMPANY ALSO FURNISHED A THERMOFAX COPY OF ITS ORIGINAL WORKSHEET UPON WHICH ITS BID WAS COMPUTED AND THE WORKSHEET SHOWS AN AMOUNT OF $968 FOR THE MI-98 TOWER WHICH IS THE AMOUNT REFERRED TO IN THE COMPANY'S LETTER AS THE PRICE OF THIS TOWER.

B-143402, JUL. 13, 1960

TO MR. GRANT BLOODGOOD, ASSISTANT COMMISSIONER AND CHIEF ENGINEER, BUREAU OF RECLAMATION:

REFERENCE IS MADE TO YOUR LETTER DATED JULY 1, 1960, WITH ENCLOSURES, REQUESTING OUR DECISION AS TO THE APPROPRIATE ACTION TO BE TAKEN IN REGARD TO AN ERROR ALLEGED BY THE GENERAL ELECTRIC COMPANY TO HAVE BEEN MADE IN ITS BID UNDER INVITATION NO. DS-5304.

IN RESPONSE TO THE INVITATION, WHICH WAS ISSUED ON APRIL 11, 1960, BY THE BUREAU OF RECLAMATION, DENVER, COLORADO, THE GENERAL ELECTRIC COMPANY, KANSAS CITY, MISSOURI, SUBMITTED A BID DATED MAY 3, 1960, OFFERING TO FURNISH AND INSTALL A VHF RADIO COMMUNICATION SYSTEM FOR THE KIRWIN AND WEBSTER UNITS, KANSAS, SOLOMON DIVISION, MISSOURI RIVER BASIN PROJECT, FOR A TOTAL CONSIDERATION OF $6,184.55. BY LETTER DATED MAY 12, 1960, THE GENERAL ELECTRIC COMPANY ADVISED THE DENVER OFFICE THAT AN ERROR HAD BEEN MADE IN ITS BID, IN THAT IT CONTEMPLATED FURNISHING A UTILITY TOWER MI-98 INSTEAD OF A UTILITY TOWER MP-9. THE GENERAL ELECTRIC COMPANY STATES THAT SINCE THERE IS BASICALLY AN EXCESS OF $1,000 DIFFERENCE BETWEEN THE TWO TOWERS IT WOULD LIKE PERMISSION TO WITHDRAW ITS BID UNLESS THE MI-98 TOWER CAN BE USED.

TWO OTHER BIDS WERE RECEIVED UNDER INVITATION NO. DS-5304 IN THE AMOUNTS OF $7,946 AND $8,660. HENCE, THE BID OF $6,184.55 OF THE GENERAL ELECTRIC COMPANY IS SUBSTANTIALLY LOWER THAN THE OTHER TWO BIDS. MOREOVER, BY LETTER DATED JUNE 3, 1960, UPON WHICH THERE APPEARED THE SIGNATURE AND SEAL OF A NOTARY PUBLIC, THE COMPANY FURNISHED SPECIFICATIONS OF BOTH THE MI-98 AND MP-9 TOWERS. THE COMPANY ALSO FURNISHED A THERMOFAX COPY OF ITS ORIGINAL WORKSHEET UPON WHICH ITS BID WAS COMPUTED AND THE WORKSHEET SHOWS AN AMOUNT OF $968 FOR THE MI-98 TOWER WHICH IS THE AMOUNT REFERRED TO IN THE COMPANY'S LETTER AS THE PRICE OF THIS TOWER. IN VIEW OF THE FOREGOING, THERE WOULD APPEAR TO BE LITTLE, IF ANY, DOUBT THAT THE GENERAL ELECTRIC COMPANY MADE AN ERROR IN ITS BID, AS ALLEGED.

ACCORDINGLY, SINCE YOU HAVE DETERMINED THAT THE MI-98 TOWER WILL NOT COMPLY WITH THE REQUIREMENTS OF THE SPECIFICATIONS, THE BID OF THE GENERAL ELECTRIC COMPANY MAY BE DISREGARDED AND THE BID DEPOSIT RETURNED.

THE PAPERS, WITH THE EXCEPTION OF THE GENERAL ELECTRIC COMPANY'S LETTER DATED JUNE 3, 1960, AND ITS WORKSHEET, ARE RETURNED HEREWITH.