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B-190623 1 (1978-04-25)

handle is hein.gao/gaobadfyv0001 and id is 1 raw text is: ¶ W.D. Essturtter - IL ECSO *-IE COMPTROLLER GERiAlR4 DECISION .CF TPYE UNITEC *TATE VAIs-iNGTON, V.C. 2054 IN~t FILE: B-190623 DATE:Aprl 25, 19T8 MATTER OF: J. D. Shake Construction Co. Inc. CIGEST: i:t Where bidder verifies correctness of bid price after cont:acting activity advised bidder of reason for suspucting error (disparities among prices bid) and requested review and verification of price, subsequently awarded contract is valid and binding and postaward allegation of error does not affect validity of contract. 2. Ever, if contracting officer did not mention suricion of vistake in bid, bidder was on notice of suspected mistake where bidder knew of discrep- ancies between bid prices submitted and was re- quested to verify bid price. 3. Where low bid price upon which award was made is approximately 25 percent below nert low bid price and just below Government estimate, resulting contract is not unconscionable. The Louisville-District, C.:rps of Ergineers, received four bids in the ilump-;um amounts of $89,990, $124,171, $225,000, and $239,512.95 under invitation for bids No. DACW27-77-B-0076 for the removal of sunken barges and dry dock on certain portions of the Kentucky River. The Government estimate for the work was $93,894. Because of the disnarities among the prices bid, the president of the lw bidder, J.D. Shake Construction Co. Inc. (Shake), was requested at the September 27, 1977, bid opening to review and verify in writing its bid price. By letter of September 28, Shake confirmed its price, and on September 30 the contract was awarded to Shake. -1 -

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