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B-185461 1 (1976-01-14)

handle is hein.gao/gaobaddsx0001 and id is 1 raw text is: / .THE COMPTROLLER GENERAL DECISION OF THE UNITED STATES WASHINGTON. D.C. 20546 FILE: B-185461 DATE: January 14,1976 MATTER OF: B & B Adcrafters, Inc. 0)ce 2-37 DIGEST: No valid and binding contract is consummated by accepting bid where contracting officer knew or should have known of probability of mistake and failed to verify bid. Contract may be rescinded since contracting officer was on constructive notice of possible error in bid and neglected to verify bid. Invitation for bids for Jacket 668-548 was issued by the Government Printing Office for the production of 162,000 Bicentennial Decals for the Department of the Air Force. The 162,000 decals were composed of 100,000 - 3-1/3 decals, 60,000 - 12 decals and 2,000 - 24 decals. Six responsive bids were received and opened on October 2, 1975, as follows: B & B Adcrafters, Inc. $14,940.00 Color.Process Company 16,500.00 Don Shaffer Display 20,780.00 Lowen Company 28,640.00 Kenny & Gyl 33,560.80 3M Company 44,640.00 The contract was awarded to B & B Adcrafters, Inc. (Adcrafters) on October 6, 1975. After award, Adcrafters alleged that it made an error in bid. By letter dated October 10, 1975, Adcrafters asserted that the mistake was made when it inadvertently figured the cost for the -12 decals on only 6,000 decals rather than 60,000 decals. In- stead of the originally bid price of $4,690 for the 12 decals, Adcrafters states that it should have been $14,940 for 60,000 -12 decals. With regard to unilateral mistakes alleged after the award of a contract, the general rule is that the bidder must bear the consequences of the mistake unless the contracting officer knew or should have known of the probability of mistake at the time the bid was accepted. Wender Presses, Inc. v. United States, 343 F.2d 961 (Ct. Cl. 1965); Saligman v. United States, 56 F. Supp. 505 (E. D. Pa. 1944). - -1 -

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