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B-185668 1 (1976-03-04)

handle is hein.gao/gaobaddet0001 and id is 1 raw text is: j ~ ~THE COMPTROLLER GENERAL DECIS!IN OF THE UNITED STATES WASHINGTON, D.C. 20548 FILE: B-185668 DATE: 11Ma l,1 MATTER OF: Comfort Air Conditioning Company q gs- DIGEST: Contractor is not entitled to reformation or rescission of contract on basis of mistake in bid alleged after award where contracting officer had no actual or con- structive notice of mistake prior to award. Variation of almost 20 percent between low and next low bid in itself is not enough to charge contracting officer with constructive notice where there is reasonable progression of bids and Government estimate is close to low bid. The Department of Medicine and Surgery, Veterans Administration, has referred to this Office the mistake in bid alleged after award by Comfort Air Conditioning Company, Bethel Park, Pennsylvania (Comfort Air). The mistake is alleged in Comfort Air's response to an invitation for bids issued by the Supply Service, Veterans Administration Hospital (VA), Butler, Pennsylvania, on May 15, 1975, soliciting bids for labor, material, and installation of air condi- tioning equipment at the above-mentioned hospital. The matter is before this Office in accordance with Federal Procurement Regulations § 1-2.406-4(i) (1964 ed.). The bids for this small business set-aside project were opened on June 19, 1975. Comfort Air was low bidder in the amount of $19,445. Other bids were recorded at $23,965, $29,555, and $32,965. The Government estimate for the job was $20,000, while the cost range shown on Standard Form 20 of the IFB was $25,000 to $50,000. The record shows that prior to any allegation of error, but after award, Comfort Air alleged that due to inaccuracies in the Government drawings it was impossible to perform the job for the price bid. By letter of August 6, 1975, received by Comfort Air on August 7, the VA advised that the Architect/Engineers had de- termined that with certain minor changes the drawings were satis- factory and the changes would result in a reduction of the sheet metal required. - 1 -

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