B-148441, MAR. 23, 1962

B-148441: Mar 23, 1962

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DEPARTMENT OF THE INTERIOR: REFERENCE IS MADE TO YOUR LETTER OF MARCH 14. TO HAVE BEEN MADE IN ITS BID SUBMITTED IN RESPONSE TO INVITATION NO. THE ENGINEER'SESTIMATE WAS IN THE AMOUNT OF $6. THE DELANEY COMPANY WAS REQUESTED BY TELEGRAM OF FEBRUARY 13. WHICH WILL EXPIRE ON MARCH 24. TOGETHER WITH A NOTARIZED STATEMENT THAT THOSE PAPERS WERE THE ORIGINAL DOCUMENTS USED IN COMPUTING THE BID. THERE WAS ENCLOSED ALSO A REVISED ESTIMATE RECAP SHOWING $5. SINCE THE AMOUNT OF THE INTENDED BID IS NOT SO SATISFACTORILY ESTABLISHED AS TO PERMIT A CORRECTION. ARE RETURNED HEREWITH AND A COPY OF THIS DECISION IS BEING FURNISHED TO THE COMMISSIONER.

B-148441, MAR. 23, 1962

TO THE INVITATIONS AND AWARDS SECTION, BUREAU OF RECLAMATION, DEPARTMENT OF THE INTERIOR:

REFERENCE IS MADE TO YOUR LETTER OF MARCH 14, 1962, YOUR FILE D 289A, REQUESTING A DECISION AS TO THE ACTION TO BE TAKEN WITH RESPECT TO AN ERROR ALLEGED BY THE DELANEY COMPANY, HOUSTON, TEXAS, TO HAVE BEEN MADE IN ITS BID SUBMITTED IN RESPONSE TO INVITATION NO. (D) J 33,019-A ISSUED JANUARY 17, 1962.

THE INVITATION REQUESTED BIDS--- TO BE OPENED FEBRUARY 7, 1962--- FOR FURNISHING METALWORK DETAILED ON THE DRAWINGS ATTACHED TO AND FORMING PART OF THE INVITATION. IN RESPONSE TO THE INVITATION, THE DELANEY COMPANY SUBMITTED ITS BID IN THE AMOUNT OF $4,858. THE 7 OTHER COMPLETE BIDS RECEIVED RANGED FROM $6,349 TO $10,750. THE ENGINEER'SESTIMATE WAS IN THE AMOUNT OF $6,000.

BECAUSE OF THE DISPARITY BETWEEN THE BID OF THE DELANEY COMPANY AND AND THE OTHER BIDS RECEIVED AND THE ENGINEER'S ESTIMATE, THE DELANEY COMPANY WAS REQUESTED BY TELEGRAM OF FEBRUARY 13, 1962, TO VERIFY ITS BID. IN ITS TELEGRAPHIC REPLY DATED FEBRUARY 14, THE BIDDER ALLEGED AN ERROR IN ITS COMPUTATION AND REQUESTED THAT ITS BID BE WITHDRAWN. IN YOUR LETTER OF FEBRUARY 15 TO THE DELANEY COMPANY YOU STATED THAT THE MATTER WOULD BE SUBMITTED HERE FOR DECISION AND YOU REQUESTED THE BIDDER TO GRANT A 30-DAY EXTENSION OF ITS BID ACCEPTANCE PERIOD. BY ITS TELEGRAM OF FEBRUARY 23, 1962, THE BIDDER GRANTED THE REQUESTED EXTENSION, WHICH WILL EXPIRE ON MARCH 24, 1962.

IN A LETTER TO YOU DATED MARCH 6, 1962, THE DELANEY COMPANY REPEATED ITS ALLEGATION OF ERROR AND TRANSMITTED PAPERS IN SUPPORT OF ITS ALLEGATION, INCLUDING AN ESTIMATE RECAP AND ESTIMATE SHEETS, TOGETHER WITH A NOTARIZED STATEMENT THAT THOSE PAPERS WERE THE ORIGINAL DOCUMENTS USED IN COMPUTING THE BID. THERE WAS ENCLOSED ALSO A REVISED ESTIMATE RECAP SHOWING $5,647 AS THE AMOUNT OF THE INTENDED BID.

IN VIEW OF THE FACTS AS REPORTED AND SHOWN BY THE FILE, INCLUDING THE DISPARITY BETWEEN THE LOW BID AND THE OTHER BIDS RECEIVED AND THE ENGINEER'S ESTIMATE, IT MAY BE REGARDED AS SATISFACTORILY ESTABLISHED THAT THE DELANEY COMPANY MADE A BONA FIDE ERROR IN ITS BID. HOWEVER, SINCE THE AMOUNT OF THE INTENDED BID IS NOT SO SATISFACTORILY ESTABLISHED AS TO PERMIT A CORRECTION, THE BID MAY BE DISREGARDED IN MAKING AN AWARD.

PURSUANT TO YOUR REQUEST, THE PAPERS TRANSMITTED WITH YOUR LETTER OF MARCH 14, 1962, ARE RETURNED HEREWITH AND A COPY OF THIS DECISION IS BEING FURNISHED TO THE COMMISSIONER, BUREAU OF RECLAMATION, ATTENTION 210.