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B-187441 1 (1976-11-12)

handle is hein.gao/gaobadego0001 and id is 1 raw text is: *41 il CO THE~ OOMPCMI-1iDLL;f DEMaPAL rJ FiE3CIS1CI11 * . OF THE IJNITED STATfU C -. WASHINGTON. D.C. 20540 FILE: B-187441 DATE: November 12, 1976 MATTER OF: Creative Printing, Inc. DIGEST: 1. GAO lacks authority to allow modification of con- tract price based solely upon contractor's claim of hardship. 2. Request for modification of contract price due to alleged error in bid claimed after award cannot be allowed when contracting officer adequately dis- charged bid verification ,uty by calling to bidder's attention variance in bids received and bidder verified bid. 3. Where low bid Is 75 percent o( next low bid, enforce- ment of contract at that price is not unconscionable, since mistake is not so great that Government can be said to be obviously getting something for nothing. On the basis of a mistake in bid alleged after award, Creative Printing, Inc. (Croative) requeste modification of its contract awarded under jacket (IFB) No. 217-700, issued by the United States Government Printing Office (GPO), Washington, D. C, Creative does not contest the issue of whether a legally enforce- able contract exists, but rather asks for relief based upon hard- ship. However, our Office lacks the authority to grant relief based solely upon hardship. Day v. United Slates, 245 U. S. 159 (1017); Damascus Hosiery Mills, Inc., -182406, June 3, 1975, 75-1 CPfT 336, eWT, liowever, examine the record for grou-uds upon which legal relief might be based. Creative's director of sales was present at the bid opening on' August 18, 1976, when Creative submitted the lov bid of $39, 873. The two othdr bids received were $53, 039 and $59, 283. Since Creative's bid was substantially (appro>;inatvly 25 percont) lower thain the next. )owest hid, the contracling officer requettd fint CrELi.v re inw and verily its hibid beennae of tiF hal:udial vrkne. Croative vU eified its bitl h,; tolk-ph.w (. At(*ii lI, 1:7':, u~nl set leterof verificW ic.-, on i&.mQWLi hwll \P L LU i t O Oil !I (.fl i,

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