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B-185703 1 (1976-07-09)

handle is hein.gao/gaobaddax0001 and id is 1 raw text is: O ILER THE COMPTROLLER GENERAL DECISION . . OF THE UNITED STATES WASHINGTON, D.C. 20546 FILE: B-185703 DATE: July 9, 1976 MATTER OF: Penn Electric Motor Company, Inc. DIGEST: 1. In negotiated procurement contracting officer was not placed on constructive notice of contractor's unilateral mistake, discovered after award by virtue of comparison with noncompetitive -offer and was not therefore required to request verification of offer. 2. Contracting officer, who had no suspicion of specific mistake in an offer but requested verification advising offeror that its offer was substantially lower than offerbr's previous award price, adequately discharged verification duty in view of limited information that may be disclosed in negotiated procurement. Penn Electric Motor Company, Inc. (Penn), requests that our Office permit reformation of two contracts it held with the GeneralServices Administration (GSA). Request for proposals (RFP) FPWP-B6-70463-N-4-17- 74 (70463) was issued by GSA on April 17, 1974, for 24 sanders (pneu- matic, disk, portable) (NSN 5130-00-596-1176). After telephone nego- tiation by the contracting officer, two offers were received: Offerors Prices Aro Corporation $189.00 each Penn Electric 122.18 each The award of contract GS-OOS-27534 was made to Penn on April 30, 1974, in the amount of $2,932.32. On July 11, 1974, GSA issued RFP FPWP-B6-71646-A-9-6-74 for the same tool for a quantity of 308 sanders. Although 401 possible suppliers were solicited, only the two offerors under the original solicitation responded as follows: Offerors Prices Aro Corporation $196.00 Penn Electric 97.25 - 1 -

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