B-144347, NOV. 4, 1960

B-144347: Nov 4, 1960

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FEDERAL HOUSING ADMINISTRATION: REFERENCE IS MADE TO YOUR LETTER OF OCTOBER 27. PROBST TO HAVE BEEN MADE IN HIS BID OPENED ON OCTOBER 14. BY INVITATION NO. 5586 BIDS WERE REQUESTED FOR FURNISHING LABOR AND MATERIALS AND PERFORMING THE WORK REQUIRED FOR EXTERIOR PAINTING. THE FOUR OTHER AGGREGATE BIDS WERE IN AMOUNTS RANGING FROM $29. THE GOVERNMENT'S ESTIMATE FOR THE WORK WAS $27. THERE IS NO ROOM FOR DOUBT THAT AN ERROR WAS MADE IN THE BID OF MR. ARE NOT SUCH AS WOULD WARRANT A DEPARTURE FROM THE GENERAL RULE THAT BIDS MAY NOT BE CHANGED AFTER THE BIDS HAVE BEEN OPENED. SINCE THE ERROR WAS ALLEGED AND EXPLAINED PRIOR TO AWARD.

B-144347, NOV. 4, 1960

TO MR. OSBORNE KOERNER, DIRECTOR, GENERAL SERVICES DIVISION, FEDERAL HOUSING ADMINISTRATION:

REFERENCE IS MADE TO YOUR LETTER OF OCTOBER 27, 1960, WITH ENCLOSURES, REQUESTING A DECISION AS TO THE ACTION TO BE TAKEN CONCERNING AN ERROR ALLEGED BY MR. R. E. PROBST TO HAVE BEEN MADE IN HIS BID OPENED ON OCTOBER 14, 1960.

BY INVITATION NO. 5586 BIDS WERE REQUESTED FOR FURNISHING LABOR AND MATERIALS AND PERFORMING THE WORK REQUIRED FOR EXTERIOR PAINTING, INTERIOR DECORATING AND PERFORMANCE OF MISCELLANEOUS REPAIRS AT THE ROSEMONT APARTMENTS PROJECT, SAN ANGELO, TEXAS, PROJECT NOS. 113-42013 AND 113- 42014, ITEMS 1 AND 2. IN RESPONSE MR. R. E. PROBST SUBMITTED A BID DATED OCTOBER 11, 1960, OFFERING TO PERFORM THE WORK COVERED BY ITEMS 1 AND 2 FOR THE AGGREGATE TOTAL PRICE OF $17,400. THE FOUR OTHER AGGREGATE BIDS WERE IN AMOUNTS RANGING FROM $29,831.70 TO $42,121, AND THE GOVERNMENT'S ESTIMATE FOR THE WORK WAS $27,440.

BY TELEGRAM DATED OCTOBER 20, 1960, MR. R. E. PROBST ADVISED THAT AN ERROR HAD BEEN MADE IN HIS BID IN THAT HE HAD FAILED TO INCLUDE THEREIN THE COST OF THE WORK COVERING THE INSIDE TRIM. MR. PROBST REQUESTED PERMISSION TO WITHDRAW HIS BID ON THE PROJECT. IN A CONFIRMING LETTER DATED OCTOBER 24, 1960, MR. PROBST STATED THAT THE TOTAL COST OF PAINTING THE OMITTED TRIM WORK WOULD BE $8,782. THIS AMOUNT PLUS $50 DUE TO ANOTHER ERROR RESULTED IN A TOTAL ERROR OF $8,832 IN HIS BID. THE ADDITION OF THIS AMOUNT TO HIS ORIGINAL BID PRICE AS REQUESTED BY MR. PROBST WOULD MAKE A REVISED BID PRICE OF $26,232. IN SUPPORT OF HIS ALLEGATION OF ERROR, MR. PROBST SUBMITTED ONE OF THE ORIGINAL WORKSHEETS USED IN COMPUTING THE BID PRICE.

ON THE BASIS OF THE FACTS AND EVIDENCE OF RECORD, THERE IS NO ROOM FOR DOUBT THAT AN ERROR WAS MADE IN THE BID OF MR. PROBST, AS ALLEGED. THE CIRCUMSTANCES IN THE PRESENT CASE, HOWEVER, ARE NOT SUCH AS WOULD WARRANT A DEPARTURE FROM THE GENERAL RULE THAT BIDS MAY NOT BE CHANGED AFTER THE BIDS HAVE BEEN OPENED. SEE 17 COMP. GEN. 575. ACCORDINGLY, SINCE THE ERROR WAS ALLEGED AND EXPLAINED PRIOR TO AWARD, THE BID OF MR. PROBST MAY BE DISREGARDED.