B-182701, DEC 23, 1974

B-182701: Dec 23, 1974

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CONTRACTOR WHOSE REPRESENTATIVE ATTENDING BID OPENING RECEIVED BID PRICES BY TELEPHONE FOR ENTRY ON BID FORM AND ENTERED TOTAL NOT AGREEING WITH SUM OF ITEM PRICES MAY HAVE CONTRACT PRICE INCREASED. SINCE CONTRACTING OFFICER WAS ON CONSTRUCTIVE NOTICE OF MISTAKE AND SHOULD HAVE SOUGHT BID VERIFICATION AND CONTRACTOR HAS FURNISHED EVIDENCE OF INTENDED BID. DOT-FA75SO-8124 WAS AWARDED ON JULY 29. KELLOS ALLEGED A MATHEMATICAL ERROR IN THAT THE TOTAL PRICE FOR THE FOUR ITEMS SHOULD HAVE BEEN LISTED AS $577. KELLOS STATED THAT THE ERROR OCCURED WHEN THE BID PRICES WERE COMMUNICATED BY TELEPHONE FOR ENTRY ON THE BID FORM BY THE PERSON ATTENDING THE OPENING OF BIDS FOR KELLOS. THE FORM FROM WHICH THE BID PRICES WERE FURNISHED OVER THE TELEPHONE SHOWS THE SAME FOUR ITEM PRICES THAT APPEAR ON THE BID WITH A TOTAL OF $577.

B-182701, DEC 23, 1974

CONTRACTOR WHOSE REPRESENTATIVE ATTENDING BID OPENING RECEIVED BID PRICES BY TELEPHONE FOR ENTRY ON BID FORM AND ENTERED TOTAL NOT AGREEING WITH SUM OF ITEM PRICES MAY HAVE CONTRACT PRICE INCREASED, SINCE CONTRACTING OFFICER WAS ON CONSTRUCTIVE NOTICE OF MISTAKE AND SHOULD HAVE SOUGHT BID VERIFICATION AND CONTRACTOR HAS FURNISHED EVIDENCE OF INTENDED BID.

A. J. KELLOS CONSTRUCTION CO., INC.:

AJ J. KELLOS CONSTRUCTION CO., INC. (KELLOS), HAS ALLEGED, AFTER AWARD, A MISTAKE IN ITS BID FOR CONSTRUCTION OF AN AIR TRAFFIC CONTROL TOWER, AND HAS REQUESTED CORRECTION OF THE CONTRACT PRICE.

CONTRACT NO. DOT-FA75SO-8124 WAS AWARDED ON JULY 29, 1974, BY THE FEDERAL AVIATION ADMINISTRATION, ATLANTA REGIONAL OFFICE, TO KELLOS IN THE AMOUNT OF $557,152. THE INVITATION FOR BIDS REQUESTED A SEPARATE BID FOR EACH OF FOUR JOB ITEMS AND A TOTAL FOR THE FOUR ITEMS. KELLOS BID AS FOLLOWS:

ITEM 1 $539,252

ITEM 2 8,500

ITEM 3 8,000

ITEM 4 21,400

TOTAL $557,152

THE ABSTRACT OF BIDS PREPARED BY THE CONTRACTING OFFICER REFLECTED THE SAME PRICES.

ON SEPTEMBER 12, 1974, KELLOS ALLEGED A MATHEMATICAL ERROR IN THAT THE TOTAL PRICE FOR THE FOUR ITEMS SHOULD HAVE BEEN LISTED AS $577,152. KELLOS STATED THAT THE ERROR OCCURED WHEN THE BID PRICES WERE COMMUNICATED BY TELEPHONE FOR ENTRY ON THE BID FORM BY THE PERSON ATTENDING THE OPENING OF BIDS FOR KELLOS. THE FORM FROM WHICH THE BID PRICES WERE FURNISHED OVER THE TELEPHONE SHOWS THE SAME FOUR ITEM PRICES THAT APPEAR ON THE BID WITH A TOTAL OF $577,152 INSTEAD OF THE $577,152 TOTAL ON THE BID.

AS A GENERAL RULE, IF THE BIDDER MAKES A UNILATERAL MISTAKE, HE IS BOUND BY THE CONTRACT AWARDED UNLESS THE CONTRACTING OFFICER KNEW, OR SHOULD HAVE KNOWN, OF THE MISTAKE AT THE TIME OF AWARD. 49 COMP. GEN. 199, 201 (1969). IN VIEW OF THE DISCREPANCY IN THE BID BETWEEN THE SUM OF THE INDIVIDUAL ITEMS AND THE STATED TOTAL, WE AGREE WITH THE CONTRACTING AGENCY THAT THE CONTRACTING OFFICER SHOULD HAVE BEEN ON CONSTRUCTIVE NOTICE OF MISTAKE IN THE BID AND REQUESTED VERIFICATION PRIOR TO MAKING AN AWARD. SINCE THE CONTRACTOR HAS FURNISHED EVIDENCE OF THE INTENDED BID, WHICH IS $42,748 LOWER THAN THE NEXT BID, WE AGREE WITH THE ADMINISTRATIVE RECOMMENDATION THAT THE TOTAL CONTRACT PRICE BE INCREASED BY $20,000.