B-140485, AUG. 20, 1959

B-140485, AUG. 20, 1959

TO MR. WALTER H. KANZLER, CONTRACTING OFFICER, UNITED STATES DEPARTMENT OF THE INTERIOR:

REFERENCE IS MADE TO YOUR LETTER OF AUGUST 11, 1959, WITH ENCLOSURES, REQUESTING A DECISION AS TO THE ACTION TO BE TAKEN CONCERNING AN ERROR WHICH THE BRANDON COMPANY, VANCOUVER, WASHINGTON, ALLEGES IT MADE IN ITS BID SUBMITTED IN RESPONSE TO BID INVITATION NO. 9012, ISSUED JULY 15, 1959.

THE INVITATION REQUESTED BIDS--- TO BE OPENED AUGUST 4, 1959--- FOR THE CONSTRUCTION, IN ACCORDANCE WITH PRESCRIBED SPECIFICATIONS, SCHEDULES, DRAWINGS, AND CONDITIONS, OF DOUBLE CIRCUIT STEEL TOWERS FOR LINE TERMINAL CHANGES TO THE CHEHALIS-LONGVIEW NO. 2 AND THE LONGVIEW-COWLITZ 115 KV LINES AT COWLITZ COUNTY, WASHINGTON.

YOU STATE THAT PRIOR TO THE AWARD OF THE CONTRACT, MR. OLIVER BRANDON, OWNER OF THE BRANDON COMPANY, ALLEGED AN ERROR IN THE COMPANY'S BID OF $16,932 AND WAS THEREFORE REQUESTED TO BRING HIS WORKING PAPERS INTO YOUR OFFICE TO DISCUSS THE MATTER. IT IS FURTHER STATED THAT YOU NOTED THAT THE BID WAS CONSIDERABLY BELOW THE NEXT LOWEST BIDDER AND ABOUT TWO-THIRDS OF THE ENGINEERING ESTIMATE FOR THE JOB. IT IS ALSO REPORTED THAT IN SUBSEQUENT CONVERSATION WITH MR. BRANDON HE STATED THAT HIS SON, JAMES, HAD INADVERTENTLY OMITTED THE COST, APPROXIMATING $4,000, OF FURNISHING AND INSTALLING CRIBBING WHICH WOULD BE NECESSARY FOR EXCAVATION IN PLACING THE REQUIRED CONCRETE FOOTINGS. IN SUPPORT OF THE ALLEGED MISTAKE IN BID, THE RECORD INCLUDES THE COMPANY'S LETTER OF AUGUST 10, 1959, WHICH SETS FORTH IN SOME DETAIL THE CIRCUMSTANCES RESULTING IN THE ERROR; THE COMPANY'S WORK SHEETS; AN AFFIDAVIT OF JAMES BRANDON; AND THE ABSTRACT OF BIDS WHICH SHOWS THAT THE FOUR OTHER BIDS RECEIVED RANGED FROM $21,860 TO $30,052.

THE EVIDENCE OF RECORD MAY BE ACCEPTED AS ESTABLISHING THAT THE COMPANY MADE AN ERROR IN ITS BID AS ALLEGED. ACCORDINGLY, AND SINCE THE ERROR WAS ALLEGED PRIOR TO AWARD, THE BID OF THE BRANDON COMPANY MAY BE DISREGARDED IN MAKING THE AWARD.