B-146392, JUL. 21, 1961

B-146392: Jul 21, 1961

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BUREAU OF RECLAMATION: REFERENCE IS MADE TO YOUR LETTER 2-220 OF JULY 5. 500 WITH THE RESULT THAT THE OVER-ALL TOTAL BID IS $85. 838 LESS THAN WHAT IT SHOULD HAVE BEEN. YOU STATE: "* * * THE TOTAL OF THE COMPANY'S BID ON ITEMS NO. 29 THROUGH NO. 32 IS $15. GIVING CREDENCE TO THE COMPANY'S CONTENTION THAT AN ERROR WAS MADE IN BIDDING THESE ITEMS.

B-146392, JUL. 21, 1961

TO MR. E. F. SULLIVAN, BUREAU OF RECLAMATION:

REFERENCE IS MADE TO YOUR LETTER 2-220 OF JULY 5, 1961, WITH ENCLOSURES, REQUESTING A DECISION WHETHER THE BID OF BARNEY WILKERSON CONSTRUCTION COMPANY FOR CONSTRUCTION FOR THE TRINITY RIVER FISH HATCHERY SHOULD BE DISREGARDED BECAUSE OF ALLEGED ERRORS.

THE BIDDER CONTENDS THAT ERRORS OCCURRED IN THE PREPARATION OF ITS BID AS FOLLOWS. FIRST, IT INADVERTENTLY OVERLOOKED A SUBCONTRACTOR'S $72,688 QUOTATION AND FAILED TO PROPORTION IT OVER THE PRICES IT BID ON ITEMS 29 THROUGH 32, AND THEN IT COPIED THE PRICE ON ITEM 46 FROM ITS WORKSHEET AS $2,500 INSTEAD OF $12,500 AND THE PRICE ON ITEM 60 AS $350 INSTEAD OF $3,500 WITH THE RESULT THAT THE OVER-ALL TOTAL BID IS $85,838 LESS THAN WHAT IT SHOULD HAVE BEEN.

WITH RESPECT TO THE ALLEGED ERRORS, YOU STATE:

"* * * THE TOTAL OF THE COMPANY'S BID ON ITEMS NO. 29 THROUGH NO. 32 IS $15,600 LESS THAN THE ENGINEER'S ESTIMATE AND ABOUT $90,000 LESS THAN THE AVERAGE OF THE OTHER TWO BIDDERS, GIVING CREDENCE TO THE COMPANY'S CONTENTION THAT AN ERROR WAS MADE IN BIDDING THESE ITEMS. THE COMPANY'S "COPYING ERRORS" ALSO APPEAR SUBSTANTIATED WHEN COMPARING THE COMPANY'S QUOTATIONS ON ITEMS NO. 46 AND NO. 60 WITH THE ENGINEER'S ESTIMATE AND THE BIDS OF THE OTHER CONTRACTORS FOR THESE ITEMS.'

IN VIEW OF THE CIRCUMSTANCES, THE BID OF BARNEY WILKERSON CONSTRUCTION COMPANY SHOULD BE DISREGARDED.

AS REQUESTED, THE ENCLOSURES THAT ACCOMPANIED THE LETTER OF JULY 5 ARE RETURNED AND A COPY OF ..END :