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B-189514 1 (1977-12-07)

handle is hein.gao/gaobadfkv0001 and id is 1 raw text is: r1£ THE CCMPTROLLER GENERAL CECIBION a' r'gis OF THE UNITED UITATEE WAU8M rNQTON. D.C. 20E4a FILE: B-189514 OATE: December 7, 1977 MATTER OF: Colonial Oil Industries, Inc. DIGEST: Relief may be granted because of unilateral mistake in bid where record indicates that Government should have been aware of possibility of mistake prior to making award. However, amount of relief granted for each item may not exceed price of next acceptablre bid. Award should be rescinded and requirements resolicited. Colonial Oil Industries, Inc. (Colonial requesto relief for an alleged mistake in its bid price under contract No. DSA 600-77-D- 2004, awarded on Marh 4, 1977 by the Defense Fuel Supply Center (DFSC)z The Invitation for Bids (1FB) called for bids to pr ide certain. fuel Oil requirements to .arious Federal installations. Price adjustm.nts were permitted. in the event of any <thaiges in the con- tractor's established or pomLed prices after bid opening. The IFB provided, however, that if the ptice ciange occurredn rior to bid opening, but after the bid was received, the bidder must modify its bid prior to bid opening in order for th: change to be considered. - Colonial states that a. :hange occurred in its stated price the day after submission of its bid and that it failed to modify its bid price prior to bid opening to reflect the increase, believing that a price adjustment could be nade after award for changes occurring prior to bid opening. Insofar as is'partinent here, an established or p6sted price is one iihi§'1 is established in the usual and ordinary coirse of trade and is included in a regularly maintained catalog of prices at which sales currently are being made to the general public. dolonial states that it mailed its bid on December 2, 1976, that it received from its suppliers notice of a posted price increase of 45 cents per 42 gallon barrel on December 3, 1976 and that on the same date, it called the DFSC buyer to inquire if it was necessary to give nodice to DFSC of this posted price increase. Colonial states that its copy of the solicitrtion did not contain the form which required that bid prices be modified prior to bid opening -I - - I

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