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B-183913 1 (1975-06-09)

handle is hein.gao/gaobadcim0001 and id is 1 raw text is: 



                             THE  COMPTROLLER GENERAL
DECISION                     OF   THE    UNITED       STATES
                             SWASHINGTON. D. C. 20548




FILE:  B-183913                     DATE:   June 9, 1975

MATTER OF: New Westminster Marine Sales and Service, Ltd.


DIGEST:

     Bidder under surplus sales contract whose allegedly mistaken
     bid on one item was more than four times the next high bid
     (unit prices of $511 and $125, respectively) and almost ten
     times its bid price for similar equipment under another item
     number may have item deleted from its contract, since sales
     contracting officer was on constructive notice of a possible
     error.  However, where record fails to indicate such a dis-
     parity in bid prices with regard to another item where the
     bidder also alleged mistake (unit bid prices of $411 and $289
     by the high  bidder and second high bidder, respectively)
     relief may not be granted.


     Invitation for bids (IFB) 41-5143 was issued by the Defense
Property Disposal Region, Defense Depot Ogden Station, Ogden, Utah,
for the sale of various articles of surplus Government property.

     New Westminster was the high bidder on items 66 and 67, in
unit price amounts of $511.00 and $411.00, respectively. Item 66
was described as six 3-cylinder, liquid cooled diesel engine blocks,
and item 67 as four 3-cylinder, liquid cooled diesel engines, all in
various stages of disrepair. Consequently, the claimant was awarded
these items under contract No. 41-5143-005, executed November 5,
1974.

     By letter of November 8, 1974, the claimant requestedrescission
of the award and relief from a 20 percent penalty charge on the
grounds that it erred in its bid for these items through a misread-
ing of their description which resulted in a substantial over-bid.
By letter of December 5, 1974, the claimant repeated its request for
relief, this time contending the error was committed in the course
of transfer from the work sheet to the bid sheet. By letter of
December 9, 1974, the claimant submitted its worksheets at the
request of the contracting officer. The claimant states that it
intended to bid a unit price of $51.10 on item 66, and a unit price
of $41.10 on item 67. As support .for such contention, the claimant
states that it bid $52.00 on similar engine blocks on item 61.


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