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B-185519 1 (1976-01-26)

handle is hein.gao/gaobaddse0001 and id is 1 raw text is: 



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DECISION


FILE:  B-185519


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THE  COMPTROLLER GENERAL
OF   THE UNITED STATES
W* -i   I NGTON,   0.C.   20548


DATE:    January 26,1976


MATTER OF: Bimco Corporation


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DIGEST:


    Rescission of contract, based upon unilateral mistake, can
    only be allowed where contracting officer had actual or
    constructive notice of probability of error and failed to
    verify bid. Here, contracting officer was not placed on
    actual or constructive notice of error since bid was clear
    and wide range of bid prices for used surplus property does
    not necessarily put contracting officer on notice of pos-
    sible error because of the many uses to which property
    may be put. Thus the contract may not be rescinded.


    The Department of the Air Force has requested a decision
regarding the bid of Bimco Corporation (Bimco) for the sale of sur-
plus Government property. Bimco's bid in question is for Lot 22
under invitation for bids No. 1993. Lot 22 was described as follows
in the solicitation:

     One lot of vibration testing equipment, electronic,
     shaker-amplifier, remote control console, 7000 lbs.
     minimal shaker force, 5 to 2000 CPS frequency range,
     mfr: Ling Electronics, Inc., model: R-1007.


The acquisition cost for the equipment, which was
1958, was $58,720.

     The following is a list of all bids received
October 24, 1975:


Don Brown Products
Leonard Rubin-Engineering
C&H Sales
Victory Sales
Bimco Corporation


manufactured in


for Lot 22 on


$   61.00
   226.99
   479.00
   518.00
 1,399.99


,$  -1 -

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