Pueblo Enterprises, Inc., B-278279, January 14, 1998

B-278279 Jan 14, 1998 Jump To VIEW DECISION RELATED PAGES GAO CONTACTS Highlights DIGEST Agency reasonably denied the protester's request to correct its bid where the protester's claim of a mistake was based on workpapers that the agency reasonably found not to be in good order because they did not show the intended bid. Among the specifications describing the work were a requirement that the empty spaces in the walls next to certain doors and windows be filled with concrete. Two amendments to the IFB were issued. Seventeen bids were submitted. The low bids were as follows: BIDDER TOTAL PRICE South Gulf. The government estimate for the project was $4. South Gulf's low bid was rejected due to an uncorrectable mistake in bid. The Navy requested Pueblo to verify its bid since it was significantly below the government estimate and the other bids. View Decision Matter of: Pueblo Enterprises, Inc. File: B-278279 Date: January 14, 1998 DIGEST Attorneys DECISION Pueblo Enterprises, Inc. protests the Department of the Navy's decision to deny its request to correct mistakes in its bid under invitation for bids (IFB) No. N62766-97-B-2723, issued by the Naval Facilities Engineering Command, Marianas, Guam, for furnishing and installing replacement doors and windows on 275 housing units. We deny the protest. The IFB requested a fixed price for the project work, a fixed price for the bonds for the project, and a total price. Among the specifications describing the work were a requirement that the empty spaces in the walls next to certain doors and windows be filled with concrete, [1] and a requirement for certain aluminum embossed panel doors. Two amendments to the IFB were issued. Amendment No. 0002, among other things, changed the bid opening date to August 5 and specified that the embossed panel doors could be either steel or aluminum. Seventeen bids were submitted. The low bids were as follows: BIDDER TOTAL PRICE South Gulf, Inc. $2,992,000 Pueblo $3,247,668 Speegle Construction Company $3,731,000 Reliable Builders, Inc. $3,734,000 Black Construction Corporation $3,868,000 Kim Brothers Construction Corporation $3,960,000 The other bids ranged up to $4,852,357. The government estimate for the project was $4,598,897. Pueblo submitted an initial bid in the amount of $3,096,876 ($3,075,000 base bid plus $21,876 bond price) and a facsimile modification adding $150,792 ($150,000 plus $792 bond price) to this original bid. South Gulf's low bid was rejected due to an uncorrectable mistake in bid. Meanwhile, the Navy requested Pueblo to verify its bid since it was significantly below the government estimate and the other bids. Initially, Pueblo verified its bid, but following the agency's request for a detailed written breakdown of costs, Pueblo claimed that it had made certain mistakes in its bid price and requested an upward correction in the amount of $160,659.83. In support of its request, Pueblo furnished original hand-written undated worksheets that it claimed it had utilized to formulate its price and an affidavit by the bid preparer explaining the mistakes. The 17 submitted worksheets consisted of (1) a takeoff sheet for the installation of each type of door and window (14 worksheets), (2) a worksheet totaling the results from these 14 worksheets, (3) a worksheet showing how the original base bid of $3,075,000 was calculated (one element of cost on this worksheet is the total from worksheet (2) mentioned above), and (4) a worksheet showing a revised base bid of $3,281,141 based on adjustments made after the preparation of the $3,075,000 base bid. The affidavit certifies that all of these worksheets were prepared prior to bid opening. Pueblo's total claim of $160,659.83 includes its standard markup and bond costs that are stated on its summary worksheets. Pueblo explained that the first mistake was on the takeoff sheet calculating the labor and material costs for installing "D1" and "D2" (french) doors. Pueblo advised that the quantity of these doors (532) was multiplied by $365 instead of $575, which accounted for an error in the amount of $111,720. The worksheets reasonably support a conclusion that this particular error was made. Pueblo explained that the second mistake occurred when it attempted to add an additional $37 in material and labor costs to its costs for doing the concrete infills around certain doors and windows. Pueblo explained that after preparing the original takeoff sheets, but prior to bid opening, it discovered that it had neglected to add certain additional costs required to construct the second concrete infill around the D1 and D2 doors, and those same additional costs for concrete infills around various window types.