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B-179040 1 (1974-01-29)

handle is hein.gao/gaobadcbp0001 and id is 1 raw text is: DECISION FILE: B-17904o 7 THE COMPTROLLER GENERAL . OF THE UNITED STATEB WASHINGTON. D.C. 20548 DATE: January 29, 1974 MATTER OF: Fink Sanitary Service, Inc. DIGEST: - 1 - PtJUIS:-cD DI-CISIYON 5$3 Comnp. Genl..,....!- Offer to change 10-day discount to 20-day discount after bid opening is late bid modification consid- eration of which is precluded by ASPR 2-305 and paragraph 8(a) of solicitation instructions and conditions. Offer of a 10-day discount was not an apparent mistake which reouired contracting officer to verify bid when such an offer is not precluded by solicitation nor does such an offer preclude Gov- ernment's taking advantage of discount should non- discounted bid be low. See ASPR 2-407.3(d). If protestor contends either that it intended 20-day discount but indicated 10-day discount or that it mistakenly believed 10-day discount could have been evaluated under IFB, 20-day discount cannot be con- sidered since it would cause displacement of another bidder while protestor's actual intent is not evident on the face of the bid. Government estopped to deny existence of contract where,acting under its own mistake and believing that protestor would commence work im following week, it told protestor, apparent but not actual low bidder, con- tract number 6 days before contract was to have com- menced and protestor without knowledge of true facts acted to his detriment. See Deco v. U.S., Ct. Cl. No. 547-71, October 17, 1973. U.S. v. Georgia-Pacific Co., 421 F. 2d 92 (9th Cir. 1975. Where Government is estopped to deny existence of a contract with other than low bidder, although entering into such a contract is outside scope of contracting officer's authority, contract is not illegal, as con- tractor neither directly contributed to underlying mistake nor was on direct notice of mistake. See 52 Comp. Gen. 215 (1972). Award should, however, be terminated for convenience of Government. 7 74

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