B-149320, JUL. 13, 1962

B-149320, JUL. 13, 1962

TO ARCHITECT OF THE CAPITOL:

REFERENCE IS MADE TO YOUR LETTER OF JUNE 28, 1962, WITH ENCLOSURES, RELATIVE TO AN ERROR EDWARD J. MURRAY, INC., ALLEGES THAT IT MADE IN ITS BID SUBMITTED IN RESPONSE TO YOUR INVITATION FOR BIDS DATED MAY 21, 1962, FOR FURNISHING THE MATERIALS AND PERFORMING THE WORK FOR NEW AIR- CONDITIONING FACILITIES, CAFETERIA EXPANSION, IN THE MAIN BUILDING OF THE LIBRARY OF CONGRESS.

THE BIDS IN THIS CASE WERE OPENED ON JUNE 15, 1962, AND WERE SOLICITED ON A LUMP-SUM BASIS. FOUR BIDS WERE RECEIVED. THE BID OF MURRAY IN THE AMOUNT OF $86,745 WAS THE LOWEST RECEIVED. THE OTHER BIDS WERE IN THE AMOUNTS OF $124,000, $132,000 AND $144,400. DURING THE COURSE OF A PREAWARD CONFERENCE WITH THE CONSULTING ENGINEER AND THE PROJECT DIRECTOR FOR YOUR OFFICE ON JUNE 25, MR. MURRAY DISCOVERED THAT HE HAD MADE A PROBABLE ERROR IN ENTERING ON HIS ESTIMATE SHEETS THE QUOTATION RECEIVED BY HIM FROM HIS INSULATION SUBCONTRACTOR. A CHECK WITH THE SUBCONTRACTOR BY MR. MURRAY CONFIRMED THAT AN ERROR HAD IN FACT OCCURRED. OFFICE WAS PREPARING ESTIMATES ON TWO SIMILAR AND RELATED PROJECTS, 6215-AIR- CONDITIONING FACILITIES, CAFETERIA EXPANSION, MAIN BUILDING, LIBRARY OF CONGRESS, AND THE OTHER PROJECT IS JOB NO. 6221-CAFETERIA EXPANSION IN THE MAIN BUILDING OF THE LIBRARY OF CONGRESS. BIDS ON BOTH PROJECTS WERE SCHEDULED TO BE OPENED ON JUNE 15, 1962. IN THE CASE OF THE INSTANT PROJECT (JOB NO. 6215) MURRAY WAS BIDDING AS THE PRIME OR GENERAL CONTRACTOR. IN THE CASE OF THE SECOND PROJECT (JOB NO. 6221) MURRAY WAS BIDDING AS THE MECHANICAL SUBCONTRACTOR. IN EACH INSTANCE MURRAY RECEIVED TELEPHONE QUOTATIONS ON THE SAME TYPE OF WORK (INSULATION) FROM THE SAME FIRM AT THE SAME TIME. FOR THE INSTANT JOB THE AMOUNT OF THE QUOTATION WAS $13,300 WHEREAS THE QUOTATION FOR JOB NO. 6221 WAS $8,900. DUE TO THE CONFUSION OF GETTING SHEET FOR THE INSTANT JOB AND THE AMOUNT OF $13,300 WAS ENTERED ON THE ESTIMATE SHEET FOR JOB NO. 6221. IN SUPPORT OF THE REQUEST OF MURRAY FOR CORRECTION OF THE BID BY ADDING $4,400, IT HAS SUBMITTED THE ORIGINALS OF THE ESTIMATE SUMMARY SHEETS FOR SUBCONTRACT WORK FOR BOTH PROJECTS AS WELL AS THE QUOTATIONS AS TAKEN BY TELEPHONE AND CERTIFIED STATEMENTS OF ITS PERSONNEL AS HAVING DIRECT AND PERSONAL KNOWLEDGE OF THE INVOLVED FACTS AND CIRCUMSTANCES.

THE EVIDENCE FURNISHED MAY BE ACCEPTED AS ESTABLISHING THE FACT THAT THE AMOUNT OF $8,900 WAS USED AS A QUOTED FIGURE FOR THE INSULATION WORK ON THE INSTANT PROJECT INSTEAD OF THE AMOUNT OF $13,300 ACTUALLY QUOTED BY ITS SUBCONTRACTOR. IF MURRAY'S BID IS CORRECTED BY ADDING THE AMOUNT OF $4,400, ITS BID WILL BE $91,145 WHICH IS $32,855 LESS THAN THE NEXT LOWEST BID.

ACCORDINGLY, SINCE ERROR WAS ALLEGED PRIOR TO AWARD AND SINCE THE EVIDENCE FURNISHED ESTABLISHES THE AMOUNT OMITTED FROM THE BID, THE BID OF EDWARD J. MURRAY, INC., MAY BE CORRECTED BY INCREASING ITS BID BY $4,400 AND AS SO CORRECTED MAY BE CONSIDERED FOR AWARD.