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B-185032 1 (1976-08-03)

handle is hein.gao/gaobaddje0001 and id is 1 raw text is: 0LR C 00 . THE COMPTROLLER GENERAL DECISION OF THE UNITED STATEs WASHINGTON, D.C. 20548 FILE: B-185032 DATE: August 3, 1976 MATTER OF: Robert McMullan & Son, Inc. - DIGEST: Procuring activity has not designated its Base Communications Center as place for receipt of written notice of bid mistakes merely because all its telegraphic messages are routed through Center. Prior decision denying upward adjustment in contract price on basis that notice of bid mistake was not received by Government until after award was made is sustained. Robert McMullan & Son, Inc., has requested reconsideration of our decision, B-185032, March 18, 1976, 76-1 CPD 185 denying its claim for an upward price adjustment in its contract with the Depart- ment of the Navy, Naval Facilities Engineering Command (Engineering Command) No. N62467-73-C-0073. The Navy issued a solicitation for the construction of barracks and the modernization and additions to mess facilities at the Charleston Naval Station and McMullan was the low bidder. Between bid opening date, June 5, 1975, and award date, June 30, 1975, McMullan discovered that it had mistakenly concluded that a supplier's quote included both labor and materials, when, in fact, the quote covered only labor costs. McMullan attempted to inform the contracting officer of its mistake on June 30, 1975 by dis- patching a TWX message addressed to the Engineering Command, the place designated in the solicitation for receipt of pre-bid opening withdrawals. The TWX arrived at a nearby Navy Communications .Center on June 30, 1975, but was not delivered to the Engineering Command until the following day, after the award was made. This Office found that McMullan's notice of mistake was not received by the Engineering Command until July 1, 1975, and that notice of award to McMullan was mailed on June 30, 1975. We held that since the notice of mistake and withdrawal was not received by the Engineering Command until after award had been made, the contracting officer did not have notice of mistake and consequently a valid and binding contract exists at the award price. McMullan now contends that our decision does not follow from the facts presented; that the Navy's credibility is suspect because of misstatements in its report to this Office that McMullan's TWX message was timely delivered to the Charleston Naval Base Communica- tions Center on June 30, 1975, and that, even if receipt at the - 1 -

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