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B-184753 1 (1975-09-25)

handle is hein.gao/gaobadcmp0001 and id is 1 raw text is: o THE COMPTROLLER GENERAL ;'DECISION . OF THE UNITED STATES WASHINGTON, D. C. 20548 FILE: B-184753 DATE: September 25, 1975 MATTER OF: Pittsfield Construction, Inc. 4` -7 / DIGEST: Contract awarded with knowledge of mistake in bid alleged prior to award may be reformed to reflect upward price adjustment in amount of error where award was made subject to final determination of mistake in bid claim and con- tractor's evidence leaves no substantial doubt as to existence and nature of mistake and amount of intended bid. The Department of Agriculture has forwarded for our consideration a claim of mistake in bid submitted by Pittsfield Construction, Inc. (Pittsfield), prior to award of contract under United States Forest Service (USFS) solicitation No. R9-75-16, issued on May 8, 1975. The solicitation requested bids for the construction of three bridges in the Allegheny National Forest and Elk County, Pennsylvania. Bids were opened on June 9, 1975, and Pittsfield was the apparent low bidder. However, because of the sizable variance among the Government's estimate, Pittsfield's bid and the bid of the next lowest bidder, Pittsfield was requested to verify its bid. In response, Pittsfield alleged an error in its bid on item 202(05), of the solicitation, removal of the bridge deck from the Gilfoyle Run Bridge. In connection with its claim, Pittsfield submitted copies of its working papers purporting to show that it intended to bid $5,000 for this item in lieu of the $500 reflected in its original bid materials. The contracting officer determined that time would not permit processing the claim of mistake and the con- tract was awarded to Pittsfield on June 27, 1975, subject to a final determination on the claim of mistake. The Department concurs in the contracting officer's recommendation that correction be authorized. Generally, acceptance of a bid by the Government with actual or constructive knowledge of an error in the bid does not result in a binding contract. 52 Comp. Gen. 837 (1973); 45 Comp. Gen. 700 (1966). Here, the mistake was brought to the attention of the - 1 -

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