B-144268, OCT. 25, 1960
B-144268: Oct 25, 1960
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TO ARCHITECT OF THE CAPITOL: REFERENCE IS MADE TO YOUR LETTER OF OCTOBER 15. THE BIDS IN THIS CASE WERE OPENED ON SEPTEMBER 23. WERE SOLICITED ON A LUMP-SUM BASIS. THE ABSTRACT OF BIDS SHOWS THAT 15 BIDS WERE RECEIVED. THE BID OF ESTABROOK WAS THE LOWEST RECEIVED AND WAS IN THE AMOUNT OF $34. WHILE THE SECOND LOWEST BID WAS IN THE AMOUNT OF $52. - THE DAY THAT BIDS WERE OPENED. PHOTOSTATIC COPIES OF WHICH WERE ENCLOSED WITH THE LETTER. THE EXTENSION IN THE TOTAL COLUMN WAS SHOWN AS $1. 789.67 WHEREAS THE CORRECT EXTENSION IS $17. IT IS APPARENT FROM AN EXAMINATION OF THE BIDS THAT THE AMOUNT BID BY ESTABROOK IS OUT OF LINE WITH THE OTHER BIDS RECEIVED AND IF THE BIDDER HAD NOT. IT WOULD HAVE BEEN INCUMBENT UPON YOU TO REQUEST A VERIFICATION OF ITS BID.
B-144268, OCT. 25, 1960
TO ARCHITECT OF THE CAPITOL:
REFERENCE IS MADE TO YOUR LETTER OF OCTOBER 15, 1960, WITH ENCLOSURES, RELATIVE TO AN ERROR C. G. ESTABROOK, INC., ALLEGES THAT IT MADE IN ITS BID SUBMITTED IN RESPONSE TO YOUR INVITATION FOR BIDS DATED SEPTEMBER 9, 1960, FOR MODERNIZATION OF THE LIGHTING SYSTEMS IN THE LEGISLATIVE GARAGE AND CORRIDOR LOCATED IN THE UNITED STATES CAPITOL GROUNDS.
THE BIDS IN THIS CASE WERE OPENED ON SEPTEMBER 23, 1960, AND WERE SOLICITED ON A LUMP-SUM BASIS. THE ABSTRACT OF BIDS SHOWS THAT 15 BIDS WERE RECEIVED. THE BID OF ESTABROOK WAS THE LOWEST RECEIVED AND WAS IN THE AMOUNT OF $34,760, WHILE THE SECOND LOWEST BID WAS IN THE AMOUNT OF $52,746. THE NEXT 8 HIGHER BIDS RANGED FROM $53,135 TO $59,940. ON THE AFTERNOON OF SEPTEMBER 23, 1960--- THE DAY THAT BIDS WERE OPENED--- ESTABROOK CONTACTED YOUR OFFICE BY TELEPHONE AND ADVISED YOU THAT IT HAD MADE A MISTAKE. THEREAFTER, IN ITS LETTER OF SEPTEMBER 28, 1960, IT POINTED OUT THAT AN ERROR OCCURRED ON LINE NUMBER 9 OF PAGE 2 OF ITS ESTIMATE WORKSHEETS, PHOTOSTATIC COPIES OF WHICH WERE ENCLOSED WITH THE LETTER. THE ERROR REFERRED TO OCCURRED IN THE PLACING OF THE DECIMAL POINT IN THE EXTENSION OF THE COST OF 382 UNITS AT $46.85. THE EXTENSION IN THE TOTAL COLUMN WAS SHOWN AS $1,789.67 WHEREAS THE CORRECT EXTENSION IS $17,896.70, OR A DIFFERENCE OF $16,107.03. ESTABROOK REQUESTS THAT THE BID BE INCREASED BY THE AMOUNT OF THE ERROR OR THAT IT BE ALLOWED TO WITHDRAW THE BID WITHOUT PREJUDICE.
IT IS APPARENT FROM AN EXAMINATION OF THE BIDS THAT THE AMOUNT BID BY ESTABROOK IS OUT OF LINE WITH THE OTHER BIDS RECEIVED AND IF THE BIDDER HAD NOT, IMMEDIATELY AFTER OPENING OF BIDS, ALLEGED MISTAKE IN ITS BID, IT WOULD HAVE BEEN INCUMBENT UPON YOU TO REQUEST A VERIFICATION OF ITS BID.
ACCORDINGLY, SINCE THE ERROR WAS ALLEGED AND SATISFACTORILY EXPLAINED PRIOR TO AWARD, AND THE EVIDENCE SUBMITTED CONVINCINGLY ESTABLISHES THE INTENDED BID, THE BID MAY BE CORRECTED BY INCREASING THE AMOUNT THEREOF BY $16,107.03 AND MAY BE CONSIDERED IN MAKING AWARD.
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Candor Solutions, LLC
We dismiss the protest because the protester's allegations are untimely.
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