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B-179632 1 (1974-01-31)

handle is hein.gao/gaobadcbs0001 and id is 1 raw text is: 






DECISION





FILE:  B-179632


4    ..   THE   COMPTROLLER GENERAL
.. OF THE UNITED STATES
           WASHINGTON. D.C. 20548




                 DATE:   January 31, 1974


MATTER OF:      Space Age Engineering, Inc.


DIGEST:


Claim for correction of contract rate for laborer
service item for GSA depot on grounds of typographical
error in bid upon which contract is based is denied,
since contracting officer did not have actual notice
of error prior to award and was not on constructive
notice as individual item rate was only 6 percent higher
than next low bid and 4 percent lower than next low
aggregate bid and valid contract which fixed rights
and liabilities of parties was consummated in
circumstances.  See decisions cited.


     Space Age Engineering, Inc., has requested an increase in price
in connection with an error alleged to have been made in the bid
which is the basis of General Services Administration (GSA) contract
GS-09S-28739.                                              .

     Invitation for bids (IFB) 9PN-E-00321-72/E3 solicitedbids for a
requirements contract for laborer and folkLift operator service for
GSA depots in California for the period January 1, 1972, through
December 31, 1972. The IFB provided:

     Award will be made in the aggregate for each Service Area.
     The  aggregate bid price for.a Service Area will be determined
     by  multiplying the unit bid price of each service item by the
     weight  factor for the item and totalling the sums. To be
     considered  for award, bidder must quote prices on each item
     within  a Service Area.


for
the
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The  Space Age bid, which included a rate of $3.79-per hour
laborers for the Stockton, California area, was evaluated in
aggregate at $8,304.00 for the area. Space Age was awarded
contract for the Stockton area, since the aggregate bid was
lowest for the area.


     After receipt of the first order under the contract, Space
Age notified the GSA Supply Depot at Stockton California, that
the $3.79 rate for laborers was incorrect. Space Age alleged
that a typographical error had been made and that the correct
rate should have been $3.99 per hour. In support of the allegation


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