B-134380, NOV. 20, 1957
B-134380: Nov 20, 1957
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ACTING ARCHITECT OF THE CAPITOL: REFERENCE IS MADE TO YOUR LETTER OF NOVEMBER 9. BIDS WERE REQUESTED FOR FURNISHING LABOR AND MATERIALS AND PERFORMING ALL WORK REQUIRED FOR THE INSTALLATION OF COMPOSITION TILE FLOORS FOR BOOK STACK DECK NO. 3 IN THE LIBRARY OF CONGRESS ANNEX. IT FAILED TO NOTE THAT THERE WERE TWO DECKS TO BE TILED AND THAT AS A RESULT THEREOF. THE NORTH AND SOUTH HALVES ARE DESIGNATED RESPECTIVELY AS "NORTH BOOK STACK DECK NO. 3" AND "SOUTH BOOK STACK DECK NO. 3.'. IT IS ALSO STATED THAT THE CORPORATION'S ESTIMATE SHEET SUBSTANTIATES ITS STATEMENT THAT IT ESTIMATED THE COST OF TILING ONLY ONE OF THE TWO SECTIONS OF BOOK STACK DECK NO. 3. 750 SQUARE FEET WHEREAS THE CORRECT AREA TO BE TILED IS APPROXIMATELY 39.
B-134380, NOV. 20, 1957
TO HONORABLE ARTHUR E. COOK, ACTING ARCHITECT OF THE CAPITOL:
REFERENCE IS MADE TO YOUR LETTER OF NOVEMBER 9, 1957, WITH ENCLOSURES, REQUESTING A DECISION AS TO THE ACTION TO BE TAKEN CONCERNING AN ERROR WHICH THE SANITARY FLOORS CORPORATION, WASHINGTON, D.C., ALLEGES IT MADE IN ITS BID OPENED ON OCTOBER 29, 1957.
BY INVITATION DATED OCTOBER 11, 1957, BIDS WERE REQUESTED FOR FURNISHING LABOR AND MATERIALS AND PERFORMING ALL WORK REQUIRED FOR THE INSTALLATION OF COMPOSITION TILE FLOORS FOR BOOK STACK DECK NO. 3 IN THE LIBRARY OF CONGRESS ANNEX, AND FOR CERTAIN SPACES IN THE LIBRARY OF CONGRESS MAIN BUILDING, JOB NO. 5791. IN RESPONSE THE SANITARY FLOORS CORPORATION SUBMITTED A BID DATED OCTOBER 29, 1957, OFFERING TO PERFORM THE WORK FOR THE LUMP SUM OF $9,044.
BY LETTER DATED OCTOBER 30, 1957, THE SANITARY FLOORS CORPORATION REQUESTED RELIEF UNDER ITS BID BECAUSE OF AN ERROR MADE ON ITS TAKEOFF SHEET ON THE JOB. THE CORPORATION ALLEGED THAT IN EXAMINING DRAWING NO. 5791-1, SHOWING A PLAN OF BOOK STACK DECK NO. 3, IT FAILED TO NOTE THAT THERE WERE TWO DECKS TO BE TILED AND THAT AS A RESULT THEREOF, IT ESTIMATED THE COST OF TILING ONLY ONE DECK. YOU STATE THAT THE CORPORATION'S REFERENCE TO TWO BOOK STACK DECKS SEEMS TO BE EXPLAINED BY THE FACT THAT, WHILE THE DRAWING SHOWS THE ENTIRE AREA OF BOOK STACK DECK NO. 3 AS A SINGLE DECK AT THE SAME LEVEL THROUGHOUT, THE NORTH AND SOUTH HALVES ARE DESIGNATED RESPECTIVELY AS "NORTH BOOK STACK DECK NO. 3" AND "SOUTH BOOK STACK DECK NO. 3.' IT IS ALSO STATED THAT THE CORPORATION'S ESTIMATE SHEET SUBSTANTIATES ITS STATEMENT THAT IT ESTIMATED THE COST OF TILING ONLY ONE OF THE TWO SECTIONS OF BOOK STACK DECK NO. 3, SINCE IT SHOWS THAT THE CORPORATION ESTIMATED THE AREA TO BE TILED AS 8,750 SQUARE FEET WHEREAS THE CORRECT AREA TO BE TILED IS APPROXIMATELY 39,196 SQUARE FEET.
THE ABSTRACT OF BIDS SHOWS THAT THE SIX OTHER BIDDERS ON THE PROJECT QUOTED PRICES RANGING FROM $24,224 TO $28,666. THUS, THE BID OF THE SANITARY FLOORS CORPORATION OF $9,044 IS COMPLETELY OUT OF LINE WITH THE OTHER BIDS ON THE PROJECT.
ON THE RECORD, THERE IS NO DOUBT THAT THE CORPORATION MADE AN ERROR IN ITS BID, AS ALLEGED. ACCORDINGLY, SINCE THE ERROR WAS ALLEGED AND ESTABLISHED PRIOR TO AWARD, THE BID OF THE SANITARY FLOORS CORPORATION MAY BE DISREGARDED IN MAKING THE AWARD.
Nov 9, 2018
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Ekagra Software Technologies, Ltd.
We sustain the protest in part and deny the protest in part.
B-415978.3,B-415978.4
Nov 8, 2018
Nov 7, 2018
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CDO Technologies, Inc.
We dismiss the protest because it is untimely where it was filed more than 10 days after CDO knew or reasonably should have known the bases for its protest.
B-416989 -
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