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B-186359 1 (1978-01-09)

handle is hein.gao/gaobadfns0001 and id is 1 raw text is: 




                                 THE  COMPTROLLER1   GENERAL
         DECISION          ' ii  OF   THE   UNITED    BTATEB
                                 WASHINGTON, D.C. 20548


00
         FILE:   B-186359              DATE: January 9, 198

         4MATTER OF;    Peterman, Windham & Yaughn,
                        Inc.--Reconsideration
C
         DIGEST:

 dA
          1. Contractor's contention that it. should be afforded
             relief because of mistake in extremely low bid, not-
             withstaziing its verification of bid prior to award,
             is denied.  Prior decision affirmed.

          2.  In seeking verification of extremely low bid, con-
              tracting officer was not required to question com-
              petence of bidder's president to verify the bid or
              to conduct in-depth review of bidder's worksheets
              where full disclosure o2 Government estimate was
              made aid bidder was afforded opportunity to con-
              duct its own in-depth review.

          3. While contracting officer might not have been fully
             aware of specification requirements at time contract
             was signed, contractor is not entitled to relief on
             basis of mutual mistake.  So far as record rhows,
             written contract expresses Government's intention
             and therefore mistake as to requirements of contract
             was unilateral and not mutual.

          4. Prior decision that contractor should not be afforded
             relief on theory of unconscionability is affirmed.

             Peterman, Windham & Yaughn, Inc. (Peterman), a small
          business, requests re' -isideration of our decision Peterman,
          Windham & Yaughn, Inc., 56 Comp. Gen. 239 (1977), 77-1 CPD
          20 wherein we denied that firm's request for an increase
          in the contract price because of an alleged mistake in bid
          asserted after award. In view of additional information
          submitted on reconsideration by Counsel for Peterman and
          our reexamination of the record, we believe that an in-
          crease in contract price is not justified.


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