B-149437, JUL. 24, 1962

B-149437, JUL. 24, 1962

TO THE SECRETARY OF THE INTERIOR:

REFERENCE IS MADE TO A LETTER DATED JULY 13, 1962 (H30-DCA), WITH ENCLOSURES, FROM THE ACTING DIRECTOR, NATIONAL PARK SERVICE, SUBMITTING FOR OUR CONSIDERATION THE MATTER OF A MISTAKE IN BID ALLEGED BY HUGHJACKSON, 224 WEST BAY STREET, SAVANNAH, GEORGIA, TO HAVE BEEN MADE IN HIS BID SUBMITTED PURSUANT TO INVITATION FOR BIDS ISSUED BY THE NATIONAL PARK SERVICE UNDER DATE OF JUNE 7, 1962, FOR THE CONSTRUCTION OF THE VISITOR CENTER AND UTILITIES AT FORT PULASKI NATIONAL MONUMENT, SAVANNAH BEACH, GEORGIA.

THE ABSTRACT OF BIDS SHOWS THAT ONLY TWO BIDS WERE RECEIVED IN RESPONSE TO THE INVITATION FOR BIDS, THE LOWER BEING THE BID SUBMITTED BY MR. JACKSON AT THE TOTAL BID PRICE OF $136,124.90, AND THE OTHER BY HARRY ROLAND AT THE TOTAL BID PRICE OF $150,241. THERE WAS ENCLOSED WITH THE LETTER OF JULY 13, 1962, A STATEMENT SUBMITTED BY THE CONTRACTING OFFICER TO THE EFFECT THAT THE ALLEGED MISTAKE WAS BROUGHT TO HIS ATTENTION BY MR. J. WALTER ROTH OF THE EASTERN OFFICE OF DESIGN AND CONSTRUCTION, WHO HAD ATTENDED THE BID OPENING AT 3:00 P.M., ON JUNE 25, 1962, AT FORT PULASKI. IT WAS STATED FURTHER THAT MR. ROTH WAS INFORMED OF THE ALLEGED MISTAKE AT ABOUT 6:00 P.M. THE DAY OF BID OPENING BY A TELEPHONE CALL FROM MR. HENRY LEVY OF THE ARCHITECTURAL FIRM OF LEVY AND KILEY, SAVANNAH, GEORGIA, SUPERVISING ARCHITECTS FOR THE PROJECT.

ALSO AMONG THE ENCLOSURES TO THE LETTER OF JULY 13, 1962, WAS A LETTER DATED JUNE 27, 1962, FROM MR. JACKSON, WHEREIN, AFTER ALLEGING THAT AN ERROR AMOUNTING TO $9,103.20 HAD BEEN MADE IN HIS BID, HE REQUESTED, IN EFFECT, THAT HIS TOTAL BID PRICE BE INCREASED BY THAT AMOUNT, OR FROM THE SUM OF $136,124.90 TO THE SUM OF $145,138.10.

THE STATEMENTS MADE BY MR. JACKSON IN HIS LETTER OF JUNE 27, 1962, DO NOT, IN OUR OPINION, SUFFICIENTLY ESTABLISH A MISTAKE IN THIS CASE. AS A MATTER OF FACT, WE FIND IT DIFFICULT TO FOLLOW HIS LINE OF REASONING. ACCEPTING THE STATEMENTS IN THE INDICATED LETTER AT THEIR FACE VALUE IT COULD REASONABLY BE CONCLUDED THAT MR. JACKSON'S BID WAS IN EXCESS OF THE AMOUNT WHICH HE WOULD HAVE BID HAD HIS ESTIMATED COSTS BEEN ACCURATELY COMPUTED. WE HAVE EXAMINED SHEET 2M--- ONE OF THE WORKSHEETS TRANSMITTED WITH THE LETTER OF JUNE 27--- AND IT IS TRUE THAT THE ITEMS INCLUDED THEREON WERE TOTALED AS $18,119.90, RATHER THAN THE CORRECT TOTAL OF $9,106.70. IT IS TO BE NOTED, HOWEVER, THAT MR. JACKSON STATED AN ADJUSTMENT WAS MADE IN THE BID ON THE BASIS OF USING THE INCORRECT TOTAL OF $18,119.90, AND IT WOULD SEEM TO FOLLOW THAT AN ADJUSTMENT BASED UPON A LARGER AMOUNT THAN WAS ACTUALLY INTENDED WOULD RESULT IN A BID PRICE GREATER--- NOT LESS--- THAN WOULD HAVE BEEN THE CASE IF THE CORRECT FIGURES HAD BEEN USED. ON THE BASIS OF THE EVIDENCE BEFORE US WE ARE UNABLE TO FIND ANY BASIS FOR ADJUSTING THE BID PRICE UPWARD, AS REQUESTED BY MR. JACKSON. IN REACHING THE FOREGOING CONCLUSION OUR ACTION WAS IN NO WAY INFLUENCED BY WHAT IS SAID IN THE SUCCEEDING PARAGRAPH.

WE HAVE RECEIVED INFORMATION INFORMALLY FROM MR. WILLIAM T. CORBITT, OFFICE OF THE SOLICITOR, THAT A TELEGRAPHIC COMMUNICATION HAS BEEN RECEIVED FROM MR. JACKSON TO THE EFFECT THAT HE IS WILLING TO ACCEPT AN AWARD OF A CONTRACT IN THIS CASE AT HIS STATED BID PRICE OF $136,124.90, AND WITHOUT REGARD TO THE ACTION TAKEN BY OUR OFFICE IN CONNECTION WITH THE ALLEGED MISTAKE IN BID.