B-146227, JUN. 29, 1961

B-146227, JUN. 29, 1961

TO THE CONTRACTING OFFICER, BUREAU OF INDIAN AFFAIRS:

REFERENCE IS MADE TO YOUR LETTER OF JUNE 22, 1961, REQUESTING A DECISION AS TO THE ACTION WHICH SHOULD BE TAKEN WITH RESPECT TO THE BIDS OPENED ON JUNE 14, 1961, FOR PROJECT Z2 (1) 2 AND 3, Z2 (1A) 1 AND Z2 (1B) 2 AND 3 UNDER SPECIFICATION NO. GA-0600-136595 COVERING GRADING, DRAINAGE AND GRAVEL SURFACING OF 13.652 MILES OF ROAD, INCLUDING ONE 3-31 FOOT PRECAST UNIT BRIDGE FROM ZUNI PUEBLO TO OJO CALINETO AND 1.907 MILES OF ROAD ON THE TEKAPO SPUR, ZUNI INDIAN RESERVATION, MCKINLEY COUNTY, NEW MEXICO.

THE SCHEDULE OF THE INVITATION FOR BIDS DIVIDED THE WORK INTO SEVERAL ITEMS FOR BIDDING AND PAYMENT PURPOSES. ALL SUCH ITEMS, WITH THE EXCEPTION OF 456A (1), ARE BASED ON ESTIMATED QUANTITIES AND BIDDERS WERE TO QUOTE UNIT PRICES FOR SUCH ITEMS AND THEN MULTIPLY THE UNIT PRICE BY THE ESTIMATED QUANTITY FOR THE TOTAL FOR THE ITEM. ON ITEM 456 (1) BIDDERS WERE TO QUOTE A LUMP SUM PRICE TO "REMOVE AND SALVAGE ONE TIMBER BRIDGE.'

THE FIVE BIDS RECEIVED IN RESPONSE TO THE INVITATION ARE IN THE TOTAL AMOUNTS OF $260,832.40, $267,968.64, $277,777.77, $299,128.70 AND $303,833.26. THE LOW AND THE HIGH BIDDERS DID NOT INCLUDE AN AMOUNT IN THEIR BIDS FOR ITEM 456A (1). THE LOW BIDDER PLACED IN THE SPACES ON THE BID SCHEDULE FOR "UNIT PRICE" AND "AMOUNT OF BID" THE STATEMENT "DELETED BY ADDENDUM NO. 1.' THE HIGH BIDDER DID LIKEWISE BY PLACING THE STATEMENT "DELETED" IN THOSE SPACES. THE THREE OTHER BIDDERS, FROM LOW TO HIGH, INSERTED THE FOLLOWING AMOUNTS ON THE BID SCHEDULE FOR ITEM 456A (1) TO THEIR BIDS: $800, $1,004.95 AND $2,000, RESPECTIVELY. THE SECOND LOW BIDDER HAS PROTESTED THE ACCEPTANCE OF THE LOW BID ON THE BASIS THAT THE LOW BIDDER HAS OMITTED AN ITEM FROM ITS BID AND, THEREFORE, IS NOT RESPONSIVE TO THE INVITATION.

THE QUESTION THUS PRESENTED IS WHETHER THE BID OF THE LOW BIDDER IS FOR THE ENTIRE PROJECT OR WHETHER HE HAS IN FACT OMITTED AN ITEM FROM THE BID. THE CONFUSION REGARDING BID ITEM 456A (1) ARISES FROM NOTES APPEARING ON SHEETS 7 AND 11 OF THE DRAWINGS AND THE LANGUAGE USED ON PAGES 19 AND 20 OF THE SPECIAL PROVISIONS OF THE INVITATION WITH RESPECT TO THE WORK COVERED BY SECTION 456A.

SHEET 1 OF THE DRAWINGS CONTAINS A NOTE "EXCEPTIONS TO PROJECT (IN PLACE)," MEANING NOT INCLUDED AS A PART OF THE WORK COVERED BY THE INVITATION FOR BIDS, THERE BRIDGES AT STATIONS: 7 PLUS 17.2 MINUS 9 PLUS 08.5, 380 PLUS 26.6 MINUS 380 PLUS 56.6 AND 646 PLUS 70 MINUS 647 PLUS 95.8. SHEET 2 "TYPICAL SECTION" CONTAINS A SCHEDULE OF "ESTIMATED QUANTITIES.' IN THIS SCHEDULE ITEM NO. 456A (1) IS DESCRIBED AS "REMOVE AND SALVAGE ONE TIMBER BRIDGE (1 SPAN)" WITH THE ,QUANTITY" GIVEN AS "1" AND "UNIT" AS "L.S.' ALSO IN THE SCHEDULE ITEM 455 (1X) IS DESCRIBED AS ,STRUCTURAL-PLATE PIPE, 180 INCHES DIA., 8 GAGE INCHES AND THE QUANTITY IS GIVEN AS "60" AND THE ,UNIT" AS "L.F.'

BOTH OF THE ABOVE ITEMS HAVE REFERENCE TO AN EXISTING BRIDGE AT STATION 237 PLUS 76 WHICH WAS TO BE REPLACED BY A 180-INCH BY 60-FOOT STRUCTURAL- PLATE PIPE. IN THIS CONNECTION SHEET 7 OF THE DRAWINGS COVERING STATION 237 CONTAINS THE FOLLOWING TWO NOTES:

"STA. 237 PLUS 76, 33 FOOT RT. 1-SPAN 19 FOOT--- 0 INCHES W. TIMES 32 FOOT--- 0 INCHES L. BRIDGE DISMANTLE AND SALVAGE.

"STA. 237 PLUS 76, INSTALL 180 INCHES TIMES 60 FOOT STRUCTURAL-PLATE PIPE ROUND, SEE SHEET NO. 30.'

PAGE 11 OF DRAWINGS COVERING STATION 380 PLUS 26.6 AND ONE OF THE BRIDGES WHICH WAS STATED ON PAGE 1 AS NOT BEING INCLUDED, CONTAINS THE FOLLOWING NOTE:

"STA. 380 PLUS 26.6-380 PLUS 56.6. IN PLACE 20.5 FEET TIMES 30 FEET LONG TIMBER BRIDGE. REMOVE, SALVAGE AND STOCKPILE.'

AN ARROW IS SHOWN FROM THE NOTE TO THE BRIDGE SYMBOL ON THE PLAN OF THE PROPOSED ROAD. ON THE PROFILE OF THE PROPOSED ROAD THE BRIDGE IS SHOWN WITH THE FOLLOWING NOTE ABOVE IT:

"1-SPAN PILE BENT BRIDGE, IN PLACE. EXCEPTION TO PROJECT"

NOTWITHSTANDING THAT THE BRIDGE AT STATION 380 PLUS 26.6 WAS NOT INCLUDED AS A PART OF THE WORK COVERED BY THE INVITATION, THE FIRST NOTE ON PAGE 11 OF THE DRAWINGS MIGHT BE CONSIDERED AS REQUIRING ITS REMOVAL AS A PART OF THE WORK, PARTICULARLY IN VIEW OF THE LANGUAGE USED ON PAGES 19 AND 20 OF THE "SPECIAL PROVISIONS" EXPLAINING THE WORK COVERED BY THE VARIOUS SECTIONS:

"SECTION 456A--- REMOVAL OF EXISTING TIMBER BRIDGES

456A-1.1 THIS WORK SHALL CONSIST OF DISMANTLING AND STRIPPING OF TIMBERS IN EXISTING BRIDGES AFTER NEW BRIDGE IS COMPLETE.

"456A-5.1 PAYMENT FOR DISMANTLING AND SALVAGING OF DESIGNATED TIMBER STRUCTURES SHALL BE PAID FOR ON A LUMP SUM BASIS, AS PROVIDED IN THE BID SCHEDULE"

ADDENDUM NO. 1 TO THE INVITATION AMENDED THE DRAWINGS AS FOLLOWS:

"REFERENCE IS MADE TO SHEET 11 OF THE DRAWINGS: NOTE WHICH READS,

"STA. 380 PLUS 26.6 MINUS 380 PLUS 56.6, IN PLACE 20.5 FEET BY 30 FOOT LONG TIMBER BRIDGE, REMOVE SALVAGE AND STOCKPILE," SHALL BE CHANGED TO READ:

"STA. 380 PLUS 26.6 PLUS 680 PLUS 56.6, IN PLACE 20.5 FOOT BY 30 FOOT LONG TIMBER BRIDGE, TO REMAIN IN PLACE.'"

APPARENTLY THE PURPOSE OF THE ADDENDUM WAS TO REMOVE ANY QUESTION CONCERNING THE REMOVAL OF THE BRIDGE AT STATION 380 PLUS 26.6. HOWEVER, TWO OF THE FIVE BIDDERS INTERPRETED THE ADDENDUM AS ELIMINATING BID ITEM 456A (1) IN ITS ENTIRETY. THE PROVISIONS OF THE DRAWINGS AND SPECIFICATIONS ARE NOT CLEAR AND THERE IS A BASIS FOR THEIR INTERPRETATION. PAGES 19 AND 20 OF THE SPECIAL PROVISIONS STATES THAT THE WORK OF REMOVAL OF EXISTING TIMBER BRIDGES SHALL CONSIST OF DISMANTLING AND STRIPPING OF TIMBERS "IN EXISTING BRIDGES AFTER NEW BRIDGE IS COMPLETED.' APPARENTLY THE ONLY NEW BRIDGE TO BE BUILT IS AT STATION 380 PLUS 26.6, ALTHOUGH NOT AS A PART OF THIS CONTRACT. THE BRIDGE AT STATION 237 PLUS 76 IS TO BE REMOVED AND REPLACED BY PIPE. THE REMOVAL OF THE BRIDGE AT STATION 237 PLUS 76 IS A NECESSARY PART OF THE WORK IN ORDER TO INSTALL THE PIPE WHICH IS COVERED BY BID ITEM NO. 455 (1X) AND THE NECESSARY EXCAVATION WHICH IS TO BE PAID FOR UNDER ITEM 102 (1). THE NOTATIONS INSERTED BY THE LOW AND THE HIGH BIDDERS FOR BID ITEM 456A (1) CLEARLY HAVE REFERENCE TO THE BRIDGE AT STATION 380 PLUS 26.6, AND SINCE THE BRIDGE AT STATION 237 PLUS 76 MUST NECESSARILY BE REMOVED IN ORDER TO INSTALL THE PIPE AND COMPLETE THE ROAD WORK AS SHOWN ON THE DRAWINGS, CONSIDERING THE VARIOUS PROVISIONS OF THE INVITATION AS A WHOLE, IT IS BELIEVED THAT THEY WOULD BE ESTOPPED FROM CLAIMING THAT THEIR BIDS DID NOT INCLUDE THE COST OF DISMANTLING AND SALVAGING THE BRIDGE AT STATION 237 PLUS 76 IN ITEM 455 (1X). IN SUCH CIRCUMSTANCES IT IS CONSIDERED THAT THE TWO BIDDERS DID IN FACT BID ON THE ENTIRE PROJECT AND THAT THEIR BIDS IN THAT RESPECT MAY BE CONSIDERED RESPONSIVE.

ACCORDINGLY, YOU ARE ADVISED THAT THE LOW BID MAY BE CONSIDERED RESPONSIVE TO THE INVITATION AND ELIGIBLE FOR CONSIDERATION FOR AWARD.