B-144863, FEB 3, 1961

B-144863, FEB 3, 1961

TO THE SECRETARY OF THE ARMY:

REFERENCE IS MADE TO A LETTER DATED JANUARY 18, 1961, WITH ENCLOSURES, FORWARDED BY THE OFFICE OF THE DEPUTY CHIEF OF STAFF FOR LOGISTICS, REQUESTING OUR DECISION AS TO WHETHER THERE MAY BE CORRECTED THE LOW BID RECEIVED UNDER INVITATION NO. MDW-44-040-61-11.

IN RESPONSE TO THE INVITATION, WHICH WAS ISSUED ON NOVEMBER 18, 1960, BY THE PURCHASING AND CONTRACTING OFFICE, FORT MYER, ARLINGTON,VIRGINIA, HARVEY'S FLOOR COVERING SUBMITTED A BID DATED DECEMBER 14, 1960, OFFERING TO INSTALL ASPHALT TILE IN CERTAIN BUILDINGS OF THE FORT MYER POST FOR A TOTAL CONSIDERATION OF $6,028. FIVE OTHER BIDS WERE RECEIVED WHICH RANGED FROM $7,300 TO $8,095 AND THE GOVERNMENT'S ESTIMATE WAS $13,400. APPEARS THAT THE CONTRACTING OFFICER SUSPECTED THE POSSIBILITY OF ERROR IN THE BID OF HARVEY'S FLOOR COVERING AND ON DECEMBER 14, 1960, REQUESTED IT TO VERIFY THE BID. IN RESPONSE, THE COMPANY ALLEGED THAT AN ERROR HAD BEEN MADE IN THE BID, IN THAT THERE WAS OVERLOOKED AN AREA 31 FEET 3 INCHES BY 87 FEET 6 INCHES, REPRESENTING THE LARGE PART OF A T-SHAPED SQUAD ROOM IN BUILDING 251NA. THE COMPANY REQUESTS PERMISSION TO INCREASE ITS BID BY $532 IN VIEW OF THIS OMISSION.

THE BID OF HARVEY'S FLOOR COVERING OF $6,028 WAS OUT OF LINE WITH THE RANGE OF ALL OTHER BIDS RECEIVED AS WELL AS WITH THE GOVERNMENT'S ESTIMATE FOR THE WORK. MOREOVER, IN CONSIDERING THE AREAS INVOLVED IN THE SQUAD ROOM OF BUILDING 251NA, AS REPORTED BY THE FORT MYER ENGINEER, AND THE SQUARE FOOTAGE SHOWN ON THE WORKSHEETS OF HARVEY'S FLOOR COVERING FOR THOSE AREAS, IT APPEARS THERE WAS OMITTED ONE ROOM 31 FEET, 3 INCHES BY 87 FEET, 6 INCHES. THUS, THERE CAN BE LITTLE, IF ANY, DOUBT THAT THE COMPANY MADE AN ERROR IN ITS BIDS, AS ALLEGED.

WITH RESPECT TO THE AUTHORIZATION OF A CORRECTION FOR THIS OMISSION, OUR OFFICE CONSISTENTLY HAS HELD THAT, AS A PREREQUISITE TO THE CORRECTION OF AN ERRONEOUS BID, THERE MUST BE NO DOUBT AS TO THE AMOUNT OF THE INTENDED BID. IN THIS REGARD, AN EXAMINATION OF THE COMPANY'S WORKSHEETS AND ITS COST BREAKDOWNS OF BOTH THE ORIGINAL BID AND THE INTENDED BID, DOES NOT ESTABLISH, WITH THAT DEGREE OF CERTAINTY REQUIRED, THAT HAD THE ERROR NOT OCCURRED THE TOTAL BID PRICE WOULD HAVE INCLUDED THE ADDITIONAL DEFINITE AMOUNT OF $532.

ACCORDINGLY, THE BID OF HARVEY'S FLOOR COVERING MAY BE DISREGARDED BUT NOT CORRECTED.

THE PAPERS, WITH THE EXCEPTION OF THE CONTRACTING OFFICER'S STATEMENT DATED DECEMBER 15, 1960, ARE RETURNED HEREWITH.