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

B-188946 1 (1977-12-23)

handle is hein.gao/gaobadfnc0001 and id is 1 raw text is: I I tEIKO. THE COMPTROLLUR UENEMAL 0ECISIOPa OP THE UNITED UrA.TE WA HINO TON. 0. C, 30ag FILE: B-188946 DATE: December 23, 1977 MATTER OF: Miller's Sawmill, Tnc. D!GEST: Despite bidding patterns experienced by Forest Service indicating wide variation in bid prices for timber, con- tracting officer was on notice of the possibflity of mistake where contractor's bid for pine sawtimber was approxi- mately 100 percent higher than the s@praisal price and 53 percent higher than th next highest bid; where con- tractor's bid for oak sawtimber was 144&percent higher than the appraisal price and 22 percent higher than the next hIghest bid; ,and where total price bid was 25 percent higher than next highest bid. Miller's Sawmill has requested relief from a mistake in its sealed bid on the Forest Service, Department of Agriculture's Bear Pen Timibec Sale No. 18., The facts of the case are not in dispute, afidthere is no evidence that Miller's Sawmill made other than a bona fide, unilateral mistake as o the price it bid on the sale. GerTgCondodemetraky, B-188'105, March 10, 1977, 77-1 CPD 182 states the general rule as to unilateral mistakes as follows: The gerieral principle applicable to this case is that a purchaser's unilateral mistake in bid will not e:rcuae him from a contract subsequently avtrded ur less the contracting officer kne-v or .iuid havr known of the mistake. Corbiniri . Coritracts 6 610; Wender Presses, Inc. v. ,,United States, 43 F. 2d 961 (Ct. Cl. 1955); Saligman v7rn d States, 56 F. Sufp. 505 (E.D.1. en., 1944; Kem v. Tnited States, 38 F. Sipp. 568 (D. Md., ;41). AsFto when the contract- ing officer should be charged with constructive notice of error, the test Is one of reasonable- neas; whether under the facts of the case there were any factors which should have raised the possbility of error in the miid of the contracting officer. See Acme Refining-Smelting Company, B-181967, August 20, 1.974, 74-2 CPD 10. The possibility of error must be sufficient to rea- sonably require the contracting official to make

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