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S Purchasing -Devere Construction Co Justice Facility Exp
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S Purchasing -Devere Construction Co Justice Facility Exp
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Last modified
8/14/2012 12:26:53 PM
Creation date
6/3/2009 10:17:26 AM
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BOCC
Date
5/15/2007
Meeting Type
Regular Meeting
Document Type
Contract
Agenda Item
6c
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Feb 23 2DD7 2:54PM ELMORE d WRLL 915-865-9501 p.2 <br />Mr. Ken Reelfoot • <br />Ms. Laura Blackmon <br />February 23, 2047 <br />Page No. 2 <br />County might select and indicaxed the same by striking the words, '.'Deduct," for each alternate. <br />To submit the Bid to the County,lVlr. Crittenden prepared the alternate tabulation sheet. <br />He then transmitted the same to his assistant, Ms. Wendy Sheppard. Ms. Sheppard then verbally <br />communicated the price information to DeVere's North Carolina employee, Mr. Chris Meyer <br />who completed the Bid alternate tabulation sheet and submitted the Bid to the County. Ms. <br />Sheppard's experience had alw$ys been to circle the selected terms rather than strike them. <br />Therefore, v~ithout understanding the difference in biddrng procedures for this project and <br />v~Zthout checking with Mr. Crittenden, Ms. Sheppard verbally instructed Mr. Meyer, to circle the <br />word(s) "Deduct" on the Bid alternate tabulation sheet in lieu of striking those words as intended <br />by Mr. Crittenden. <br />This error may create confusion in what DeVere intended to submit as the Bid (the <br />. original and only copy of which is included in the Bid submitted to Mr. Reelfoot.) If one <br />interprets the circles to be "strikes," then the Bid accurately reflects what DeVere intended; i.e., <br />to strike the word "Deduct" so as to increase the contract sum by the respective amount for any <br />given alternate. However, if one interprets the circles to indicate that DeVere wanted to actually • <br />subtract the respective amount, then the Bid does mot reflect what DeVere intended. k3arther, <br />such an interpretation would lead to the nonsensical result that DeVere intended to be paid less <br />should the County~elect to increase the scope of work, This interpretation would constitute a <br />substantial clerical error. <br />Because of the above possible confusion, DeVere believes that it is best that it withdraw <br />its Bid with the County if the County will consent to the same without requiring DeVere to <br />forfeit its bid bond and hereby requests that its Bid be withdrawn accordingly. . <br />DeVere states that it has not previously nor will in the future associate with any other <br />contractors to perform work on the project should the County consent to the Bid withdraw. <br />DeVere will also make itself available to answer any questions the County should have or to <br />disclose other documents reasonably necessary for the County to considez this request in <br />accon3ance with N.C. Gen. Stat. §143-129.1. <br />Please fee] fi~ee to contact me or Dustin Crittenden (989) -356-4,411 should you have any <br />. questions. <br />• <br />
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