The Washington herald., 1907-04-17
District Sets a New Precedent
in Paving Contract.
PROTEST BY LOWEST BIDDER
Commissioners West Disagrees with
Colleagues ia strong Statement ia
Which he Predicts Enibarrassment
In Future as Result of Such Prln-
eipIe-What District Has saved.


act Of fayortism," and against the forci-
bic objection entered OF record by one Of
their own number, the District Commits
sioners have set a rather remarkable
precedent in the matter of contracting
for street paving work. The lowest bid
der does not get the contract for the
work, but is allowed half of It only, the
other half going 20 a competitor, whose
bid was higher. If the lowest bidder Is
unwilling to accept this arrangement, the
whole of the work. by decree OF the ma
jority Of the board. viii go 10 the higher
bidder. Under a section of the organic
act Of the District. the Commissioners
hold that they are clearly within their
rights in dividing the bids and apportion-
ing the contract in the manner indicated.
The equity OF the proceeding, however. is
strongly challenged, and il is declared 10
be a complete reversal Of a position taken
by the board in a similar controversy
only a few years ago.
The primary reason originally given for
the action is the known desirability of
maintaining two operating asphalt plants
in the District" as Engineer of Highways
Hunt put it, although Commissioner Bid
die in his Endorsement. said that this
question. while "an important one to the
District In the future need not be con
sidered In connection with the present
case.
Three Bids Submitted.
In response TO an advertisement under
date Of March ., 1907, inviting proposals
for doing the work in question. bids were
received as follows;
THE BRENNAN CONSTRUCTION CoAfPASY.
5 900 square yards Of asphalt surface at s. 5s SIS 800 90
300 square yards Of Ytrihed block gutter At
S8 5.8oS el
Total s7ss5g %
THE CRAWFORD PAVING COMPANY.
900 square Yards OF asphalt surface at S69 659 %
22Uo square yards OF yitrifed block gutter at
SIS -h-5 ~
Total ................................... ssa9 90
THE BARBER ASPHALT PAVING COMPANY.
600 square Yards of asphalt surface al sTs $50 $50 90
. so square yards Of TitEihed block gutter az
aA Ssi-
IoiM %
On April 3. c. b. Hunt. engineer OF
highways, forwarded the bids to En-
gineer Commissioner Biddle, with this
statement. which was approved by
Capt Morrow. assistant TO the Engi
neer Commissioner:
Mr. Hunts Analysis.
The Crawford Paving Company. at the prices
named in their bid is the low bidder such streets
as are to be laid with vitrihed block CUTTERS tie
difference in the Two bids for this class of work be
ing SS0
The Brennan Construction Company Is the IoE
bidder on the streets 10 be laid without vitrihed
block cutters the difference in the two bids On these
streets being S25l-9
Il is also expected that certain other streets
amounting III the aggregate to probably i30oo yards,
VIII he hereafter assigned 10 the new paving
tractor and conditions indicate that these streets
Will be Of he class where brick cutters viii be laid
on which work the Crawford Paving Comrany's price
would be so less than the Brennan Construction
Company.
ON account Of the considerable amount Of work
given IN this schedule 10 COMPARISON with recent
years, and Of lhs fact that the Brennan C0nstruc
ton Company Is already the contractor for the re-
surfacing work aud Of the fact that the Crawford
street paving. together With the known aesirabity
Of maintaining two operating asphalt plants in the
District ! recommend that the contract under this
letting be divided b. awarding 10 the Brennan Con-
sTuctiOn Company all streets 10 be paved without
the Of brick cutters and 10 the Crawford Paving
Company all streets % be paved ith the og the
block cutters this award resulting in the greatest
net economy 70 the District. besides possessing tbs
yeTy considerable additional advantages described
above.
Protest from Brennan Company.
On Apru 10 the Brennan COnstruc-
ton Company submitted a statement to
the Board of Commissioners, insisting
that it was entitled TO the fun contract.
having complied with all conditions.
1t said, IN part:
First We are the lowest bidders. according TO any
possible interpretation Of these specifications.
Second. It is conceded by your once that we are
financially and physically able to execute the work
specified within the stipulated time. This fact IS
conceded unequivocaIiy by your Office. Col Biddle
aud Capt Morrow asserting and oousenting there
to
On page 3 Of the specifications under the general
heading Work the following statement Is made:
THE work to be done under this contract VIII con-
sist q paving with sheet asphal sleh streets ave
nues and roads or parts thereof or doing any por
tion Of such work may be directed under appTO-
rrations for the fiscal years ending June 90 1867 /
aud June So 1908.
THE estimated amount is 45 900 square yards Of as
hat surface and 800 square yards Of yitrided block
gutter These amounts are approximations only. and 1
may be considerably varied FROM but they VIII be
la- III tAtfaaeltb Ai1 anu lliN dffdEAs VIII ue
thereon. The Commissioners especially reserve the
right 10 regulate the time and order Of executing I
work ordered under this contract may appear most
advantageous 10 the interests Of the District"
Ii that part Ot the paragraph above quoted. name
ly: The estimated amount Is 5000 square yards OF
asphalt surface and 23o0 square Yards Of Ftirfied 4
block CUTTERS and these amounts are approxi- 4
nations only and may be considerably varied from: /
bnt they viii be used in canVassug the bids and /
the award viii be based thereon means anything 4
il means that the bidder who with his priees aB-
piled to the above stated quantities Is low VIII be /
awarded the CONTRACT provided the ether require |
ments Of the Specifications are complied with