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B-182935 1 (1975-06-02)

handle is hein.gao/gaobadcjc0001 and id is 1 raw text is: osLER C~ 0** 7THE COMPTROLLER GENERAL DECISION .F THE UNITED STATES o ' .WASHINGTON. D.C. 20548 97,23 FILE: B-182935 DATE:June 2,1975 MATTER OF: Hong Hua Machinery Works, Ltd. DIGEST: Prior decision denying request for withdrawal of one item bid due to mistake from nine items awarded by knock-down on each item at auction sale is affirmed on reconsideration. Additional arguments that (1) claim of error raised prior to leaving sale site and (2) contract reveals bid was at higher price and percentage of acquisition cost than any other item awarded to bidder during auction sale do not affect previous conclusion that contracting officer lacked notice of error, or was chargeable with constructive notice of the possibility of error in bid at time of award. Hong Hua Machinery Works, Ltd. (Hong Hua), of Taipei, Taiwan, Republic of China, requests that we reconsider our decision, Hong Hua Machinery Works, Ltd., B-182935, April 17, 1975, which denie& its request to withdraw item 64 from the nine items of contract No. 27-5128-061 awarded as the result of an auction sale under invitation for bids 27-5128 issued by the Defense Property Disposal Region Office, Columbus, Ohio. Item 64 was described in the invitation as being in Used-- Good Condition, and bidding started at $25,000 (34.12 percent of its $73,270 acquisition cost). Bidding progressed in $1,000 increments until $45,000 and then increased by increments of $5,000 until knocked-down to Hong Hua at $55,000. The tape recording of the sale disclosed that the auctioneer carefully called out and repeated the higher bids, including the final bid of Hong Hua. In requesting reconsideration, Hong Hua's letter dated April 26, 1975, states that its contract contains eight other items which were awarded at prices that did not exceed $10,000, and which ranged, for seven of the eight items, well below each item's acquisition cost. Since the $55,000 bid for item 64 resulted in an award at 75.06 per- cent of the original cost, Hong Hua contends, in effect, that this constitutes grounds for relief from its alleged mistake in bid due to -1

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