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B-183432 1 (1975-06-10)

handle is hein.gao/gaobadcig0001 and id is 1 raw text is: Q THE COMPTROLLER GENERAL DECISION OF THE UNITED STATES WASHINGTON. D.C. 20548 FILE: B-183432 DATE: June 10, 1975 MATTER OF: Hygrade Food Products Corporation DIGEST: 1. Contractor's request for modification due to alleged error in bid price caused during transmission of telegraphic bid cannot be allowed where record shows bid was transmitted by personnel and equipment under contractor's control; neither does record provide clear and convincing evidence how mistake occurred or that price received by Government was not bid intended prior to award. 2. Where contractor submitted two prices in telegraphic bid under inyitation to supply beef, contracting officer was not on constructive. notice of possible error in bid since invitation allowed bidders to submit different prices in the same bid and there was not wide disparity of prices among lowest bids re- The United States Department of Agriculture (USDA) has requested our decision regarding an error Hygrade Food Products Corporation (Hygrade) alleges was made in its bid to supply 192,500 pounds of frozen ground beef under Invitation LS-65 for Offers, issued by the Agricultural Marketing Service, Washington, D. C. The invitation provided for bids to be submitted by mail, hand delivery, or telegram. Hygrade's bid, which was transmitted by Western Union, arrived prior to the February 3, 1975, closing time (4:00 p.m.) for receipt of bids. After it was awarded contract No. 12-25-5-3507 on February 5, 1975, Hygrade advised USDA that the noti- fication of award erroneously indicated acceptance at a bid price of 54.38 cents per pound. Since its low bid was alleged to have been submitted at 58.38 cents per pound, Hygrade requested cancellation of its bid because of the mistake. Since the contract has been fully per- formed, its request must necessarily be treated as one for contract modification. By letter dated February 12, 1975, Hygrade sent USDA a purported copy of its bid as transmitted by Western Union on February 3, 1975, - 1 -

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