Bid Withdrawal Approval for Roof Remediation, Apr 2002

NYC 9/11 Public Portal Document

To: Contract ROF-REMl File From: Stuart M. Erdfarb, P.g^^

Department of Environmental Date: April 15,2002 Protection S9-17 Junction Boulevard Re: Contract ROF-REMl Flushing, New York Withdrawal of Bid Due to Error 11373-5108 Safeway Environmental Corp.

On April 10,2002, bids were opened for Contract ROF-REMl, for the Christopher O. Ward EMERGENCY ROOFTOP AND FACADE REMEDIATION AT THE WORLD TRADE Commissioner CENTER SITE (the “Contract”). Ten bids were submitted. The low bidder, with a bid of $547,337.50, was Safeway Environmental Corp. (“Safeway”). The engineer’s estimate for the Contract was $3,303,000, and the next lowest bid, submitted by Fiber Control, Inc. was Stuart M. Erdfarb, P.E. $1,287,337.50. The average of the ten bids is $2,651,918. When the low AOENCY CHEF CONTRACnNQ OFFICER bid is eliminated, the average increases to $2,885,761. This is a unit price Td (718)696-3300 contract. Fax (718) 696-3278 [email protected] In a letter to the Department, dated April 10,2002, Safeway stated that it had based its bid on cleaning only theJront of the affected buildings, when in fact, the Contract calls for the cleaning of each side of the buildings. According to Safeway, its unit prices for this work omitted a substantial quantity of work, i.e. the cost of suspending scaffolding for cleaning the sides and backs of the buildings. In a follow-up letter, dated April 11, 2002, Safeway explained that it used $.96 per square foot instead of $3.09 per square foot of cleaning. Safeway unintentionally omitted a substantial quantity of work in the compilation of its bid.

Pursuant to §3-02(m)(3)(iii) of the Procurement Policy Board Rules, I, as Agency Chief Contracting Officer, approve the withdrawal of the bid submitted by Safeway based on the following:

the mistake was made known the Agency within three days of the opening of the bids; and.

the price bid was based on an error of such magnitude that enforcement would be unconscionable;

the bid was submitted in good faith, and the bidder submitted credible evidence that the mistake was an inadvertent omission, as opposed to a judgement error; and.

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