B-154026, JUN. 12, 1964
Highlights
THERE IS ENCLOSED A COPY OF OUR DECISION OF TODAY IN THE MATTER. ALTHOUGH THE DETERMINATION OF THE COAST GUARD TO DISREGARD THE FLANAGAN BID IS SUSTAINED. HAD IT NOT BEEN FOR THE FACT THAT AN AWARD WAS ALREADY MADE TO ANOTHER BIDDER. WE WELL MIGHT HAVE CONSIDERED PROPER THE CORRECTION OF THE ERROR. IT APPEARS THAT FLANAGAN'S PROFIT IS INCLUDED IN EACH ITEM ON HIS WORKSHEET AND THE INTENDED BID COULD BE DETERMINED BY THE ADDITION OF THE DIFFERENCE BETWEEN $55. THERE IS NO ELEMENT OF PERCENTAGES OF PROFIT TO BE COMPUTED OR OTHER ITEM TO BE CHANGED BY REASON OF THE ERROR CORRECTION. IT MAY BE POINTED OUR THAT THE CONTRACTING OFFICER'S VIEW THAT IT WAS NOT POSSIBLE TO DETERMINE FROM THE BID ITSELF WHAT BID THE CONTRACTOR INTENDED.
B-154026, JUN. 12, 1964
TO COMMANDANT, THE COAST GUARD:
WITH REFERENCE TO THE BID SUBMITTED BY PAUL L. FLANAGAN AND SONS IN RESPONSE TO THE COAST GUARD ACADEMY'S INVITATION FOR BIDS NO. 60-64 016, AND THE BIDDER'S REQUEST THAT IT BE PERMITTED TO CORRECT ITS BID, THERE IS ENCLOSED A COPY OF OUR DECISION OF TODAY IN THE MATTER.
ALTHOUGH THE DETERMINATION OF THE COAST GUARD TO DISREGARD THE FLANAGAN BID IS SUSTAINED, HAD IT NOT BEEN FOR THE FACT THAT AN AWARD WAS ALREADY MADE TO ANOTHER BIDDER, AND WORK PRESUMABLY UNDERTAKEN THEREUNDER, WE WELL MIGHT HAVE CONSIDERED PROPER THE CORRECTION OF THE ERROR. IT APPEARS THAT FLANAGAN'S PROFIT IS INCLUDED IN EACH ITEM ON HIS WORKSHEET AND THE INTENDED BID COULD BE DETERMINED BY THE ADDITION OF THE DIFFERENCE BETWEEN $55,000 AND $5,500, THE ERROR IN THE CONCRETE ITEM. THERE IS NO ELEMENT OF PERCENTAGES OF PROFIT TO BE COMPUTED OR OTHER ITEM TO BE CHANGED BY REASON OF THE ERROR CORRECTION. IN THIS CONNECTION, IT MAY BE POINTED OUR THAT THE CONTRACTING OFFICER'S VIEW THAT IT WAS NOT POSSIBLE TO DETERMINE FROM THE BID ITSELF WHAT BID THE CONTRACTOR INTENDED, HAS NO APPLICABILITY TO THIS TYPE OF SITUATION, AND IS NOT SUPPORTED BY OUR DECISIONS IN SIMILAR CASES. SEE B-149798, SEPTEMBER 7, 1962, AND B-149345, JULY 12, 1962.
AS REQUESTED, THE DOCUMENTS ACCOMPANYING THE REPORT ARE RETURNED HEREWITH.