About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline

B-222681 1 (1986-07-23)

handle is hein.gao/gaobadmjy0001 and id is 1 raw text is: 


L           The Comptroller General
            of the United States

            Washington, D.C. 20548

            Decision



            Matter of   Department of the Interior--Mistake in
                           Bid Claim
             File:
                        B-222681
             Date:
                        July 23, 3986

             DIGEST

             Correction of bidder's mistake in computing the price for quarrying
             500,000 tons of riprap (large rock) is appropriate where: 1) the
             bidder mistakenly applied a subcontractor's orally quoted price to
             the required amount of riprap instead of to the subcontractor's
             estimate of 825,000-865,000 tons of rock material necessary to
             yield the required riprap; and 2) the corrected bid (even using
             865,000 tons) is significantly lower than the next low bid. Since
             the tonnage to which the bidder would have applied the subcon-
             tractor's quoted price is uncertain, correction is limited to
             the bottom of the range of uncertainty (825,000 tons).


             DECISION

             The Department of the Interior (Interior) requests review of a mistake in
             bid claimed by K2B Constructors, Inc. (K2B) under invitation for bids
             (IFB) No. 5-SI-60-01490. The IFB was issued by Interior's Bureau of
             Reclamation for the quarrying, hauling, and stock-piling of 500,000 tons
             of graded riprap plus additional amounts of waste rock at the Buffalo
             Bill Reservoir, Cody, Wyoming. Riprap is large rock material of minimum
             sizes set forth in the IFB. Interior states that before the award, K2B
             alleged that it misunderstood a subcontractor's quotation for a portion
             of the work, but agreed to perform the contract at its bid price with the
             stipulation that the matter be reviewed by the Comptroller General.
             Interior has recommended that correction be allowed.

             We find that K2B's contract should be reformed to correct the mistake.

             Six bids were received in response to the IFB, ranging from K2B's low bid
             of $6,406,180 (after correction of an extension error) to $13,007,364.
             K2B's bid price is 14 percent below the government's estimate of
             $7,459,250 and $2,267,720 (26 percent) below the next low bid.

             The alleged mistake involved only the IFB's line item covering the
             quarrying of 500,000 tons of riprap. K2B offered a unit price of $6.99
             per ton and an extended price of $3,495,000. K2B alleges that these
             prices were based in part on a subcontractor's oral quotation of $1.40
             per pay ton, which K2B misunderstood to mean $1.40 for each ton of the
             required amount of riprap rather than for the total tonnage of rock

What Is HeinOnline?

HeinOnline is a subscription-based resource containing thousands of academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.



Contact us for annual subscription options:

Already a HeinOnline Subscriber?

profiles profiles most