About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline
LOG IN
LOG IN

B-181356 1 (1974-07-26)

handle is hein.gao/gaobadccl0001 and id is 1 raw text is: ,.r0w C)9477 C) t// *No rTHE CCMVIPYROLLE$19GINEIRAL aT)ECISIONll, 1PT UNITE:' BTATIn WVASHINGTON, L)IC. 2D0154fl - Aa HIg (3tT' N E) C D1r l I. FILE; n-183356 MATTIER OF: DATE: July 26, 1974 IDayton Supply Corporation P. '7? I DIGEST: Contracting officep nia not on conntructive notice of error 31ecred rfttvr Mrnrd of rcuire- r.r.t cortr.ct r.'h'n tc rc,: b.'Ar crrn of bidding did not vary nubntuentilly from that 01 t econd low uidlder or from previous prices for item3. Since it ias low bidder on 1ll 20 item of invitation for-bidn DSA 700-73-1-1971, Jhnvton Sutni Cornoretton (Prton) was awarded Doftnve Construction Supply Cqnter (DCo0) require., nents contrnct 'o, .A 7C0-7?-..O09 to f\rninh vnriou or.:ounts and types of toilet seats to various dentinetions. Previously, by authority of P,L, 85-80, DO canen)cd items 0001-0005 due to a mistake in Dryton's bid, In the instvnt case, Doyton requocts concellet.,on of item 0011, 0015 (s 114510-00-P47- 1365), 0019, and 0120 (FSH 510-00-2W7-1370), nlso due to t mistake in bid, Tone items are item 0301 of delivery order No, DSA 70073-D-30?-0001 and items 0001 and 0002 of delivery order Io, DSA 7C0-73.D-009.930J$, respectively, Dcnyton contends n thAt in calculating its bid it did not include the cost of plletizetion of itema 0014, 0015, 0019, and 0020, as required by the contract', If it is forced to palletize, Dayton vlleges that it would suffer a losn in excess of $2,000 per shkpment. The above request wos denied by DCSC on Januai' 25, 1970. The Assistant Counsel, Jefense Supply Agency, concurs in the disposition. When a mistake in 'bid is aleged after award of a contract, the primary quastion is not whether an error was made in the bid, but whether a valid and binding contract was consummated by acceptance of its bid. B-175386, June 1, 1972. Where, as here, a mistake has been alleged after award of the contract, our Office will grant relic' only if such mistake was mutual or if the contracting officer had actual or constructive S-BEST DOCUMENT AVAILABLE C L5LL%~ /lIsrkA ((c I /Z~KJ) I l - ~ U £ C 'Si,, I I del)%.Jac Tl L

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:

Contact Us

Already a HeinOnline Subscriber?

Log In

profiles profiles most