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B-184580 1 (1975-09-12)

handle is hein.gao/gaobadcpe0001 and id is 1 raw text is: THE COMPTROLLER GENERAL DECISION ijOF THE UNITED STATES VIWASHINGTON, 0. C. 20546 FILE: B-184580 DATE: September 12, 1975 MATTER OF: Greg Houda DIGEST: Contract awarded to low bidder is valid and binding notwithstanding claim of mistake in bid, since con- tracting officer was not on constructive notice of error where bid price, even though well below Govern- iment estimate, formed part of reasonable upward pro- gression and was consistent with industry trends and with other bids on similar items. The Forest Service, United States Department of Agriculture, has referred to us for decision the claim of Mr. Greg Houda that he made a mistake in his bid submitted in response to solicitation No. 03-75-31, which requested bids on three separate items of work involving tree thinning on the Harney Range District of the Black Hills National Forest. The three items were identified as Marshall III, 59 acres; Woodchuck no. 1, 40 acres; and Woodchuck no. 2, 62 acres. The District cost estimates were $49.55 per acre for item no. 1 and $59.46 per acre for items no. 2 and 3. Mr. Houda submitted bids on all three and was low bidder on item no. 1 at $32.99 per acre. After award of a contract for item no. 1 to Mr. Houda, he contended that he made a mistake in his bid in that he transposed his bids on items no. 1 and 3, intending to bid $52.90 on item no. 1 and $32.99 on item no. 3. He now seeks to withdraw from the contract because it is economically unfeasible. The contracting officer agrees that in all probability Mr. Houda did transpose the figures, but asserts that since he had no actual or constructive notice of the error a valid enforceable contract exists. The responsibility for the preparation of a bid rests with the bidder. Roger C. Mortenson, B-179956, February 21, 1974 and A.C. Ball Company, B-178402, April 18, 1974. Relief from a con- tract resulting from a bidder's unilateral mistake in submitting a bid will not be granted unless the contracting officer knew, '- 1 - Q

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