B-147061, NOV. 13, 1961

B-147061: Nov 13, 1961

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TO BARNET BREZNER COMPANY: FURTHER REFERENCE IS MADE TO YOUR TELEGRAM OF AUGUST 28. SUBSEQUENT TO THE OPENING OF BIDS THE AMOUNT OF FUNDS AVAILABLE FOR THE PROJECT WAS INCREASED BY $376. THE LOW BID FOR THAT COMBINATION WAS $1. 514.10 AND THE AWARD WAS MADE TO THE LOW BIDDER THAT SUBMITTED THAT BID. ON PART II OF THE INVITATION YOU WERE THE LOW BIDDER WITH OR WITHOUT THE INCLUSION OF ADDITIVES. AS YOU WERE NOT THE LOWEST BIDDER FOR THE COMBINATION OF PARTS I AND II. THE PURPOSE OF ADVERTISING ON A "BASIC BID PLUS ADDITIVE ALTERNATE" BASIS IS TO ENABLE AN AWARD TO BE MADE TO THE BIDDER MAKING THE BEST OFFER WITHIN THE FUNDS AVAILABLE FOR THE PROJECT INVOLVED. SINCE THERE WAS A GENUINE NEED FOR THE WORK COVERED BY THE ADDITIVE ALTERNATES AND THE CONTINGENCY FOR THE SELECTION OF ADDITIVE ALTERNATES WAS SPECIFIED IN THE INVITATION.

B-147061, NOV. 13, 1961

TO BARNET BREZNER COMPANY:

FURTHER REFERENCE IS MADE TO YOUR TELEGRAM OF AUGUST 28, 1961, PROTESTING THAT THE AIR FORCE DID NOT LIMIT THE EVALUATION OF BIDS RECEIVED ON PARTS I AND II OF IFB 41-613-61-77 FOR THE REHABILITATION AND IMPROVEMENT OF 600 DWELLING UNITS OF A WHERRY HOUSING PROJECT AT CARSWELL AIR FORCE BASE TO THE LOWEST BASIC BIDS WITHIN THE $1,385,000 FISCAL LIMITATION ANNOUNCED AT THE BID OPENING.

ALTHOUGH YOUR FIRM SUBMITTED THE LOWEST BASIC BID ON PARTS I AND II, SUBSEQUENT TO THE OPENING OF BIDS THE AMOUNT OF FUNDS AVAILABLE FOR THE PROJECT WAS INCREASED BY $376,000 TO $1,761,000, AND SINCE THE INCREASE MADE SUFFICIENT FUNDS AVAILABLE TO COVER THE WORK NEEDED AND DESCRIBED IN EACH OF A NUMBER OF ADDITIONAL ITEMS TERMED "ADDITIVE ALTERNATES" THE CONTRACTING AGENCY PROCEEDED TO EXERCISE THE OPTION RESERVED TO THE GOVERNMENT IN THE INVITATION TO EVALUATE THE BIDS ON PART I ON THE BASIS OF THE BASIC WORK PLUS ALL THE ADDITIVE ALTERNATES. YOUR BASIC BID PLUS THE ADDITIVE ALTERNATES UNDER PART I AMOUNTED TO $1,274,611.19. THE LOW BID FOR THAT COMBINATION WAS $1,241,514.10 AND THE AWARD WAS MADE TO THE LOW BIDDER THAT SUBMITTED THAT BID.

ON PART II OF THE INVITATION YOU WERE THE LOW BIDDER WITH OR WITHOUT THE INCLUSION OF ADDITIVES. HOWEVER, AS YOU HAD QUALIFIED YOUR BID WITH THE CONDITION THAT YOU WOULD ACCEPT A CONTRACT FOR PARTS I AND II, BUT WOULD NOT ACCEPT A CONTRACT FOR PART II ALONE, AND AS YOU WERE NOT THE LOWEST BIDDER FOR THE COMBINATION OF PARTS I AND II, THE CIRCUMSTANCES REQUIRED THAT YOUR BID ON PART II BE PASSED OVER AND THAT THE AWARD FOR IT BE MADE TO THE NEXT LOW BIDDER.

THE PURPOSE OF ADVERTISING ON A "BASIC BID PLUS ADDITIVE ALTERNATE" BASIS IS TO ENABLE AN AWARD TO BE MADE TO THE BIDDER MAKING THE BEST OFFER WITHIN THE FUNDS AVAILABLE FOR THE PROJECT INVOLVED. SINCE THERE WAS A GENUINE NEED FOR THE WORK COVERED BY THE ADDITIVE ALTERNATES AND THE CONTINGENCY FOR THE SELECTION OF ADDITIVE ALTERNATES WAS SPECIFIED IN THE INVITATION, WE WOULD NOT BE JUSTIFIED IN QUESTIONING THE BASIS OF EVALUATION EMPLOYED BY THE CONTRACTING AGENCY UPON ADDITIONAL FUNDS BEING MADE AVAILABLE FOR THE WORK.