About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline
LOG IN
LOG IN

B-187672 1 (1976-11-16)

handle is hein.gao/gaobadegr0001 and id is 1 raw text is: all Wn. Wotharapoun V -~ 0 ~ JH' COMPTROLLEP 3ENERAL DECISION * ' CF. YHEaUNITEO STATES ¾ 3 WASHINGTON, D. C. 20548 FILE: B-187672 DATFE: foveber 16, 1976 M1A.TTER OF: E. R. Hitchcock & AssoeLates DI3EST: Contractor alleging mistake In bid after award is not entitled to relief where contracting officer had no actual or constructive notice of mistake prior to award. On the basis of a unilateral mistake in bid alleged after award, E. R. Hitchcock & Associates (Hitchcock) requ;sts modifi- cation of its contract awarded under IFB No. 101-M-APHIS-76 issued by the Animal and Plant Health Inspection Service (APHIS), Department of Agriculture, Minneapolis, Minnesota. Bids received for items 2 and 3 of the solicitation were as follows: Item 2 Item 3 Unit/Total Unit/Total E. R. Hitchcock & Associates $4.12/$2,060 $.1851$2,220 Cellox Corporation 4.26/2,L30 .244/2,928 The Government's estimates for these items were: Item 2, $3.87/$1,935; Item 3, $.222/2,644. Hitchcock was low bidder on these items and on item 1, and was awarded the contract. After award Hitchcock notified the contracting officer that it had inadvertently omitted freight charges totalling $858,38 from its bids for items 2 and 3, and requested that the contract price be increased to include these freight charges. Where, as here, a mistake in bid has been alleged after award of-contract, this Office may grant relief only if such mistake was mutual or if the contracting officer had actual or constructive notice of the error prior to award. 45 Comp. Gen. 700, 706 (1966). The contracting officer will be charged with constructive knowledge of such error only where the bid price deviates significantly from the other bids received or from the Government's estimate. B-176517, September 6, 1972. The test - 1- I.

What Is HeinOnline?

HeinOnline is a subscription-based resource containing thousands of academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.



Contact us for annual subscription options:

Contact Us

Already a HeinOnline Subscriber?

Log In

profiles profiles most