B-142948, MAY 25, 1960
Highlights
BUREAU OF SPORT FISHERIES AND WILDLIFE: REFERENCE IS MADE TO YOUR LETTERS OF MAY 19 AND 24. TO HAVE BEEN MADE IN HIS BID SUBMITTED IN RESPONSE TO INVITATION FOR BIDS NO. THE INVITATION WAS ISSUED ON MARCH 29. THE TWO OTHER BIDS RECEIVED ARE IN THE TOTAL AMOUNTS OF $23. THE RECORDS SHOW THAT THE GOVERNMENT'S ESTIMATE OF THE COST OF THE WORK WAS $30. THAT SINCE THE WORK WAS TO COMMENCE IN THE EARLY SPRING WHEN WET SITE CONDITIONS COULD BE ANTICIPATED. AN ADDITIONAL AMOUNT WAS ADDED TO THE UNIT ITEM COST ESTIMATES RESULTING IN A TOTAL ESTIMATED COST OF $35. THE PROPERTY AND SUPPLY OFFICER UPON REVIEWING THE BIDS RECEIVED AND NOTICING THE LOWNESS OF THE MERZ BID SUSPECTED THAT AN ERROR MIGHT HAVE BEEN MADE IN THE BID AND.
B-142948, MAY 25, 1960
TO MR. W. E. CORBIN, CONTRACTING OFFICER, BUREAU OF SPORT FISHERIES AND WILDLIFE:
REFERENCE IS MADE TO YOUR LETTERS OF MAY 19 AND 24, 1960, REQUESTING A DECISION AS TO THE ACTION THAT SHOULD BE TAKEN WITH RESPECT TO AN ERROR ALLEGED BY J. W. MERZ, MISSOULA, MONTANA, TO HAVE BEEN MADE IN HIS BID SUBMITTED IN RESPONSE TO INVITATION FOR BIDS NO. SFW1-251 ISSUED BY THE REGIONAL DIRECTOR, BUREAU OF SPORT FISHERIES AND WILDLIFE, PORTLAND, OREGON.
THE INVITATION WAS ISSUED ON MARCH 29, 1960, FOR THE CONSTRUCTION OF REINFORCED CONCRETE WATER CONTROL STRUCTURES INCLUDING STRUCTURAL EXCAVATIONS, BACKFILLING, RIPRAPPING AND RELATED WORK AT THE BENTON LAKE NATIONAL WILDLIFE REFUGE NEAR GREAT FALLS, MONTANA.
IN RESPONSE TO THE INVITATION, J. W. MERZ SUBMITTED A BID DATED APRIL 21, 1960, OFFERING TO PERFORM THE WORK FOR THE TOTAL AMOUNT OF $18,600. THE TWO OTHER BIDS RECEIVED ARE IN THE TOTAL AMOUNTS OF $23,615 AND $34,900. THE RECORDS SHOW THAT THE GOVERNMENT'S ESTIMATE OF THE COST OF THE WORK WAS $30,900, AND THAT SINCE THE WORK WAS TO COMMENCE IN THE EARLY SPRING WHEN WET SITE CONDITIONS COULD BE ANTICIPATED, AN ADDITIONAL AMOUNT WAS ADDED TO THE UNIT ITEM COST ESTIMATES RESULTING IN A TOTAL ESTIMATED COST OF $35,000 FOR THE JOB.
THE PROPERTY AND SUPPLY OFFICER UPON REVIEWING THE BIDS RECEIVED AND NOTICING THE LOWNESS OF THE MERZ BID SUSPECTED THAT AN ERROR MIGHT HAVE BEEN MADE IN THE BID AND, THEREFORE, HE FORWARDED THE BIDS AND A COMPARATIVE STATEMENT TO THE ENGINEERING SECTION FOR REVIEW. THE ENGINEERING SECTION ON APRIL 25, 1960, CONTRACTED MR. MERZ BY TELEPHONE TO DETERMINE HIS QUALIFICATIONS FOR THE JOB. IN THE CONVERSATION MR. MERZ WAS ADVISED THAT HE WAS THE LOW BIDDER BUT NO INFORMATION WAS GIVEN HIM CONCERNING THE OTHER BIDS RECEIVED. ON APRIL 29, 1960, MR. MERZ ADVISED THE PROPERTY AND SUPPLY OFFICER BY TELEPHONE THAT HE HAD MADE SERIOUS ERRORS IN HIS BID. THIS ALLEGATION WAS CONFIRMED BY LETTER OF THE SAME DATE. MR. MERZ ALLEGES, AMONG OTHER THINGS, THAT THERE WAS OVERLOOKED IN PREPARING THE BID ABOUT $4,000 OF REINFORCING STEEL, $7,000 WORTH OF CONCRETE AND ABOUT 500 CUBIC YARDS OF EXCAVATION. IT IS STATED THAT THE BID SHOULD HAVE BEEN IN THE AMOUNT OF $32,115.60. THE BIDDER REQUESTS PERMISSION TO WITHDRAW THE BID.
ON THE BASIS OF THE FACTS AND EVIDENCE OF RECORD, AND SINCE YOU STATE YOU ARE CONVINCED THAT THE WORK COULD NOT POSSIBLY BE ACCOMPLISHED IN ACCORDANCE WITH THE SPECIFICATIONS FOR THE PRICE QUOTED, THERE APPEARS TO BE NO DOUBT THAT AN ERROR WAS MADE IN THE BID AS ALLEGED. ACCORDINGLY, THE BID OF J. W. MERZ SHOULD BE DISREGARDED, AS RECOMMENDED.