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B-185494 1 (1976-01-27)

handle is hein.gao/gaobaddrx0001 and id is 1 raw text is: THE COMPTROLLER GENERAL DECISION . OF THE UN ITED STATES / WASHINGTON, D.C. 20548 FILE: B-185494 DATE: January 27,1976 MATTER OF: C. J. O'Neil Company DIGEST: In mistake in bid case where subsequent to award of contract the contracting officer states that there was a bona fide mistake in the bid of the contractor, that he should have known of the mistake before the award, and there is no doubt as to the intended bid, the contract may be canceled as administratively recommended. The General Services Administration (GSA) has requested our decision whether the facts and circumstances surrounding the submission of an offer and award of a contract for vehicle repair services are sufficient to establish constructive notice to the contracting officer of the probable occurrence of a mistake in the submission and to allow the contract to be partially canceled as administratively recommended. The mistake is alleged by C. J. O'Neil Company (O'Neil) after award of contract No. GS-10T-65218 to furnish mechanical repairs, glass, and installation of glass on various types of Government vehicles. Solicitation No. GS-10W-50027 invited bids for the above-mentioned contract and divided the work to be done into three groups. Groups I and II were for vehicle repairs and maintenance while Group III was merely for the furnishing and installation of glass to the vehicles. O'Neil was awarded the contract for the entire package. In her Determination and Findings, the contracting officer reports that she was contacted by telephone after the award by one of the nonresponsive bidders and advised that O'Neil was engaged only in the business of furnishing and installing glass. Subsequent telephone conversations with O'Neil confirmed that fact and led to its September 29, 1975 request to be released from the Groups I and II repair portions of the contract. It appears from the Determination and Findings that O'Neil was under the impression the contract was for glass work only. O'Neil was not alone in this impression, as another bidder who performed just glass work also bid on all three groups of the contract. - 1

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