B-163284, MAY 15, 1968
Highlights
THERE ARE RETURNED HEREWITH ALL THE ENCLOSURES WHICH ACCOMPANIED YOUR FEBRUARY 9. WE HAVE SEARCHED OUR FILES AND HAVE BEEN UNABLE TO LOCATE THE PLAN SHEETS. TO SEARCH ITS FILE FOR THE PLANS BUT WE ARE ADVISED THAT SUCH PAPERS ARE NOT IN ITS FILES. WE REGRET THAT WE ARE UNABLE TO FULLY COMPLY WITH YOUR REQUEST. THERE WAS A $2. 128 GROSS REDUCTION ON THE BID WORKSHEET WHICH MADE IT DIFFICULT FOR US TO CONCLUDE WITH ANY DEGREE OF CERTAINTY WHAT THE BIDDER WOULD HAVE BID IF IT HAD NOT MADE AN ERROR. ADVISE THAT YOU ARE UNAWARE OF ANY PROCEDURE FOR RECONSIDERATION OF THE CLAIM BY OUR OFFICE AND ARE THEREFORE MAKING NONE. WHERE THE COURT CORRECTED A BID EVEN THOUGH A BID PRICE WAS ROUNDED OUT. ANY CLAIMANT WHO IS DISSATISFIED WITH A DECISION OF OUR OFFICE MAY REQUEST RECONSIDERATION.
B-163284, MAY 15, 1968
TO MR. STUART G. OLES:
PURSUANT TO YOUR REQUEST IN LETTER OF MAY 2, 1968, THERE ARE RETURNED HEREWITH ALL THE ENCLOSURES WHICH ACCOMPANIED YOUR FEBRUARY 9, 1968, LETTER TO SUPPORT THE CLAIM OF ERROR IN BID OF CHRIS BERG, INC., WITH RESPECT TO CONTRACT NBY-86075, EXCEPT THE TWO CONTRACT DOCUMENT PLAN SHEETS.
WE HAVE SEARCHED OUR FILES AND HAVE BEEN UNABLE TO LOCATE THE PLAN SHEETS. WE REQUESTED THE NAVAL FACILITIES ENGINEERING COMMAND, TO WHOM WE HAD FORWARDED THE SUPPORTING DOCUMENTATION IN CONNECTION WITH THE CLAIM, TO SEARCH ITS FILE FOR THE PLANS BUT WE ARE ADVISED THAT SUCH PAPERS ARE NOT IN ITS FILES. WE REGRET THAT WE ARE UNABLE TO FULLY COMPLY WITH YOUR REQUEST.
THE APRIL 1, 1968, DECISION ON THE CLAIM DENIED RELIEF BECAUSE, IN ARRIVING AT THE $616,000 BID PRICE, THERE WAS A $2,128 GROSS REDUCTION ON THE BID WORKSHEET WHICH MADE IT DIFFICULT FOR US TO CONCLUDE WITH ANY DEGREE OF CERTAINTY WHAT THE BIDDER WOULD HAVE BID IF IT HAD NOT MADE AN ERROR. YOU DO NOT AGREE WITH OUR CONCLUSION, BUT ADVISE THAT YOU ARE UNAWARE OF ANY PROCEDURE FOR RECONSIDERATION OF THE CLAIM BY OUR OFFICE AND ARE THEREFORE MAKING NONE. NEVERTHELESS, YOU REFER TO THE CASE OF EDMUND J. RAPPOLI COMPANY, INC. V UNITED STATES, 98 CT. CL. 499, WHERE THE COURT CORRECTED A BID EVEN THOUGH A BID PRICE WAS ROUNDED OUT.
FOR YOUR INFORMATION, ANY CLAIMANT WHO IS DISSATISFIED WITH A DECISION OF OUR OFFICE MAY REQUEST RECONSIDERATION. AT YOUR SUGGESTION, WE HAVE REVIEWED THE RAPPOLI DECISION AND FIND THAT IT INVOLVED A SIMPLE ROUNDING OUT TO ARRIVE AT A BID PRICE. HOWEVER, IN THE CHRIS BERG CASE, THERE WAS NOT INVOLVED MERELY A ROUNDING OUT, BUT A GROSS DEDUCTION FROM THE ESTIMATED TOTAL BID PRICE. IN THESE CIRCUMSTANCES, THE INTENDED TOTAL BID PRICE APPEARED TO US TO BE SUBSTANTIALLY UNCERTAIN. ALTHOUGH WE CANNOT FORETELL WHAT THE COURT OF CLAIMS' DECISION WOULD BE AS TO THE CLAIM OF ERROR, WE ARE NOT INCLINED TO DISTURB OUR DECISION ON THE RECORD WE CONSIDERED.