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B-185140 1 (1976-03-02)

handle is hein.gao/gaobaddey0001 and id is 1 raw text is: 

                 Q        pTHE COMPTROLLER GENERAL
DECISION         .. OF THE               UNITED      STATEL
                             WASHINGTON, D.C. 20548




FILE:   B-185140                   DATE:   March 2, 1976

MATTER OF: Sunset Construction Company


DIGEST:

1.   Request for rescission of contract due to mistake in
     bid alleged after award is granted since contracting
     officer suspected error and requested verification of
     low bid but failed to adequately discharge verification
     duty in accordance with FPR § 1-2.406-3(d)(1) by ad-
     vising low bidder of next low bid, and of noticeable
     variance between low bids received and Government
     estimate.

2.   Where contracting officer reasonably determines that
     evidence submitted in support of request for correction
     of bid is not sufficient under regulation to permit
     correction, GAO has no basis for disagreeing with such
     determination.


     The Veterans Administration (VA) has requested a decision as
to whether an alleged mistake in bid by the Sunset Construction
Company (Sunset) may be corrected after contract award. This
matter was submitted pursuant to Federal Procurement Regulations
(FPR) § 1-2.406-4(j) (1964 ed. circ. 1), which provides for con-
sideration by this Office of doubtful cases involving possible
correction of a mistake in bid price.

     Invitation for bids (IFB) 600-91-75 was issued as a small
business set-aside for construction work involving modification of
the cage wash area in building 87 at the VA Hospital, Long Beach,
California.  The Government estimate for this work was $20,517.00.
At bid opening on June 19, 1975, the R. A. Stillman Construction
Co. (Stillman) submitted the low bid of $5,219.00. The six remain-
ing bids received were:  $6,541.00, $9,577.00, $9,950.00, $14,300.00,
$16,800.00 and $18,400.00. In view of the Government estimate of
$20,000.00 and the disparity in the bids received, the contracting
officer suspected the possibility of error and requested that Stillman
verify its low bid.  Stillman's subsequent allegation of a mistake in
the amount of $1,900.00 resulted in VA allowing withdrawal of its
low bid.


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