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B-186959 1 (1977-02-23)

handle is hein.gao/gaobadeka0001 and id is 1 raw text is: 








                                    'A*z*Z 0r THE  COMPTR JLLURg I2ENIRAL
                 DECISION                     0 P  THE    UPdITED     STilTEB
                                              WA \ H   WA8MINOY N. D.C. 20b40




                 FILE: B-186959                     DATE:  February 23, 1977

                 MATTER OF: Atlas Builders, Inc. (Reconsideration)


                 DIGEST:

                      Decision denying relief for'post-award allegation
                      of mistake in bid is sustained on reconsideration
                      where record shows neither invaid contract not
                      improper verification.

                      The Veterans Administration (VA) requezts reconsideration
                of our decision in Atlas Building, Inc., B-;86959, August 30,
                1976, 76-2 CPD 204.  In that decision, we held that the con-
                tracting Dfficer's duty to seek verification of a potentially
                erroneous bid was discharged where, prior to award, confirmation
                was obtained from the low bidder whose president attended the
                bid opening Pad was aware of dispar'tics involving both com-
                peting bids and the government esLiate.  See Federal Procurrnent
                Regulation I 1-2.406-1.

                      In its request for reconsideration, the VA submits a letter
                from Atlas in which the company contends that it signed the con-
                struction contract, furnished bond, and began the contract work
                only after VA persnnnel persuaded it to do so, indicating that
                they were reasonably sure that Atlas could be paid the difference
                between its bid and the nr4xt lowest bid. Neither Atlas nor the
                VA contend that the verifitation procedure was inadequate.

                      Award of a contract following verification of a bid results
                in a binding contract, J. J. Englert. Inc., B-187237, September 23,
                1976, 76-2 C(PD 277, unless verification is subsequently shown to
                be inadequate.  44 Camp. Cen. 383 (1965). None of Atlas's conten-
                tions relates to the validity of the contract which was created by
                the VA's acceptance of Atlas's bid following verification on June 15.
                Under the circwustancea, we find no basis for relieving Atlas of
I

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