B-141617, JAN. 7, 1960

B-141617, JAN. 7, 1960

TO MR. M. O. ANDERSON, SUPERINTENDENT, INDEPENDENCE NATIONAL HISTORICAL PARK:

REFERENCE IS MADE TO YOUR LETTER OF DECEMBER 31, 1959, REQUESTING A DECISION AS TO WHETHER "AN APPARENTLY ERRONEOUS BID" SUBMITTED BY H. P. DAVIES COMPANY UNDER INVITATION NO. 29-IND-3, DATED DECEMBER 1, 1959, FOR PLANTING AND MISCELLANEOUS WORK IN AREA A, NORTHWEST PORTION, WEST SECTION, INDEPENDENCE NATIONAL HISTORICAL PARK, PHILADELPHIA, PENNSYLVANIA, MAY BE DISREGARDED IN MAKING AN AWARD OF THE CONTRACT.

UNDER THE INVITATION, THE NATIONAL PARK SERVICE INVITED BIDS FOR FURNISHING, PLANTING AND MAINTAINING TREES, SHRUBS AND SOD, FOR CONSTRUCTING TREE GUARDS AND BRICK PAVING OVER SIDEWALK TREE PITS, AND FOR FURNISHING AND INSTALLING AN ELECTRICAL CONDUIT SYSTEM AT THE ABOVE LOCATION ON A "TOTAL BID" BASIS. HOWEVER, THE TOTAL BID WAS TO BE THE SUM OF THE TOTAL AMOUNTS SHOWN BY THE BIDDER TO BE THE ESTIMATED UNIT COST, BASED UPON ESTIMATED QUANTITIES, FOR FURNISHING THE 21 ENUMERATED ITEMS INTO WHICH THE WORK WAS DIVIDED. THE BID FORM STIPULATED THAT THE QUANTITIES SHOWN FOR THE TOTAL BID WOULD BE USED FOR THE PURPOSES OF CANVASSING THE BIDS AWARDING THE WORK, BUT THAT THE CONTRACTING OFFICER WAS TO HAVE THE RIGHT TO INCREASE OR DECREASE ANY ONE, OR ALL, OF THOSE QUANTITIES BY 25 PERCENT, PROVIDED THE TOTAL COST OF THE WORK WAS NOT CHANGED BY MORE THAN 25 PERCENT.

IT APPEARS THAT WHEN BIDS WERE OPENED ON DECEMBER 29, 1959, THE APPARENT LOW BID WAS THAT OF QUAKER CITY TREE SURGEONS, INC., IN THE AMOUNT OF $9,426.20; THAT UPON AUDIT OF THE EXTENSIONS OF ITEM UNIT COSTS OF EACH BID, IT WAS FOUND THAT THE AMOUNT OF $11,574 SUBMITTED AS THE TOTAL BID OF H. P. DAVIES COMPANY DID NOT CORRESPOND TO THE ITEM UNIT COST EXTENSIONS SHOWN IN THE BID, WHICH TOTALED $6,326.50; AND THAT, UPON BEING QUESTIONED BY YOU REGARDING THE MATTER, MR. H. P. DAVIES (CO-OWNER OF THE COMPANY) STATED ORALLY ON DECEMBER 30, AND INA LETTER DATED DECEMBER 31, 1959, THAT THE AMOUNT SHOWN AS THE COMPANY'S TOTAL BID WAS THE CORRECT FIGURE. EXPLANATION, HIS LETTER STATES:

"* * * IN TRANSFERRING THE QUANTITIES FROM MY WHOLESALE PRICE LIST, I NEGLECTED TO ADD ANY AMOUNT FOR THE LABOR, EXCAVATION, TOP SOIL, REPLACEMENT COSTS, AND PROFIT. THE FIGURES THEREFORE ON THE QUANTITY SHEETS ARE ONLY THE EXACT WHOLESALE COST OF THE PLANTS. THE TOTAL BID PRICE HOWEVER, DID INCLUDE THE AFOREMENTIONED ITEMS.'

THE WORK SHEETS SUBMITTED BY MR. DAVIES TEND TO SUPPORT HIS CONTENTION IN THE PREMISES, AND THEY INDICATE THAT $11,574 WAS THE TOTAL AMOUNT THE COMPANY INTENDED TO BID.

ACCORDINGLY, THE BID OF H. P. DAVIES COMPANY SHOULD BE DISREGARDED IN MAKING THE AWARD UNDER THE INVITATION INVOLVED.