B-147531, NOV. 9, 1961

B-147531: Nov 9, 1961

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BUREAU OF INDIAN AFFAIRS: REFERENCE IS MADE TO YOUR LETTER OF OCTOBER 30. BIDS WERE REQUESTED FOR FURNISHING MATERIALS AND LABOR AND FOR PERFORMING THE WORK NECESSARY FOR THE ADDITION OF FOUR ROOMS TO DORMITORY BUILDING 118. THE BID OF THE MALDONADO CONSTRUCTION COMPANY WAS NOT FORWARDED HERE BUT IT APPEARS FROM THE LIST OF BIDS THAT THE COMPANY OFFERED TO PERFORM THE WORK FOR THE LUMP SUM OF $22. THE GOVERNMENT ESTIMATE WAS IN THE AMOUNT OF $20. STATING THAT HIS BID WAS IN ERROR AS HE HAD NEGLECTED TO INCLUDE THE SUBCONTRACT BID FROM THE BANES COMPANY FOR STEEL CONSTRUCTION IN THE AMOUNT OF $3. IT WAS FURTHER STATED THAT MR. THERE IS NO ROOM FOR DOUBT THAT THE COMPANY MADE AN ERROR IN ITS BID.

B-147531, NOV. 9, 1961

TO MR. JAMES B. RING, CONTRACTING OFFICER, BUREAU OF INDIAN AFFAIRS:

REFERENCE IS MADE TO YOUR LETTER OF OCTOBER 30, 1961, WITH ENCLOSURES, FILE REFERENCE PLANT MANAGEMENT, REQUESTING A DECISION AS TO THE ACTION TO BE TAKEN CONCERNING AN ERROR THE MALDONADO CONSTRUCTION COMPANY ALLEGES IT MADE IN ITS BID OPENED ON SEPTEMBER 29, 1961.

THE RECORD INDICATES THAT BY INVITATION FOR BIDS, SPECIFICATION NO. PM- 450-62-19A-3 DATED SEPTEMBER 8, 1961, BIDS WERE REQUESTED FOR FURNISHING MATERIALS AND LABOR AND FOR PERFORMING THE WORK NECESSARY FOR THE ADDITION OF FOUR ROOMS TO DORMITORY BUILDING 118, PHOENIX INDIAN SCHOOL, PHOENIX, ARIZONA. THE BID OF THE MALDONADO CONSTRUCTION COMPANY WAS NOT FORWARDED HERE BUT IT APPEARS FROM THE LIST OF BIDS THAT THE COMPANY OFFERED TO PERFORM THE WORK FOR THE LUMP SUM OF $22,626. THE LIST ALSO INDICATES THAT THE NINE OTHER BIDS ON THE PROJECT RANGED FROM $23,884 TO $28,276. THE GOVERNMENT ESTIMATE WAS IN THE AMOUNT OF $20,000.

YOU STATE THAT ON OCTOBER 1, 1961, TWO DAYS AFTER THE BID OPENING, MR. MALDONADO TELEPHONED MR. CHARLES PERRET, ARCHITECT, BRANCH OF PLANT MANAGEMENT, AT HIS HOME, STATING THAT HIS BID WAS IN ERROR AS HE HAD NEGLECTED TO INCLUDE THE SUBCONTRACT BID FROM THE BANES COMPANY FOR STEEL CONSTRUCTION IN THE AMOUNT OF $3,976.

IN A LETTER DATED OCTOBER 2, 1961, IN WHICH HE REQUESTED THAT HE BE PERMITTED TO WITHDRAW HIS BID ON THE PROJECT, MR. MALDONADO STATED THAT HE DISCOVERED THE ERROR IN HIS BID WHEN HE RECEIVED A WRITTEN CONFIRMATION OF THE TELEPHONE QUOTATION RECEIVED FROM THE BANES COMPANY. IN SUPPORT OF HIS ALLEGATION OF ERROR, MR. MALDONADO SUBMITTED A COPY OF THE WRITTEN BID CONFIRMATION RECEIVED FROM THE BANES COMPANY AND CERTAIN ESTIMATE SHEETS.

BY LETTER DATED OCTOBER 11, 1961, MCKESSON, RENAUD AND COOK, ATTORNEYS FOR THE MALDONADO CONSTRUCTION COMPANY, ADVISED YOUR OFFICE THAT MR. MALDONADO RECEIVED A TELEPHONE QUOTATION OF $3,976 FOR CERTAIN ITEMS OF WORK FROM THE BANES COMPANY, A DISTRIBUTOR OF BUTLER METAL BUILDINGS; THAT MR. MALDONADO ENTERED THE QUOTATION RECEIVED FROM THE BANES COMPANY ON A PRELIMINARY ESTIMATE SHEET WHICH ALSO CONTAINED QUOTATIONS RECEIVED FROM OTHER SUBCONTRACTORS; AND THAT IN TRANSFERRING THE PRICES RECEIVED FROM THE SUBCONTRACTORS TO A FINAL BID SHEET, HE OVERLOOKED THE QUOTATION OF THE BANES COMPANY. IT WAS FURTHER STATED THAT MR. MALDONADO INTENDED TO QUOTE A PRICE OF $26,602 FOR THE PROJECT. WITH THE LETTER THE ATTORNEYS SUBMITTED THE PRELIMINARY ESTIMATE SHEET WHICH SHOWS THAT "BUTLER BUILDING" QUOTED A PRICE OF $3,976.

ON THE RECORD, THERE IS NO ROOM FOR DOUBT THAT THE COMPANY MADE AN ERROR IN ITS BID, AS ALLEGED. ACCORDINGLY, THE BID OF THE MALDONADO CONSTRUCTION COMPANY MAY BE DISREGARDED IN MAKING THE AWARD.