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B-190924 1 (1978-01-17)

handle is hein.gao/gaobadfqa0001 and id is 1 raw text is: 0 THE COMPTROLLER OUNERAL DECIBION .O F THE UNITan STATES WA*HING7ON. D.C. 2054U FILE: B-1909 MATTER OF: DATE: January 17, 1971 Cargill, Inc. DIGEST: Contract awarded may be rescinded where contracting officer enould have suspected error in bid but failed to request verifi- cation, The General Services Aoministration (ZC..) has requested our decision concerning a mistake in bid alleged -ifter award by Cacgill, Inc. (Cargill). The GSA issued an Invitation for Bids (:FB) for Bulk Sodium Chloride for the period November 1, 1977 through October 31, 1978, and Cargill :.t the successful bidder on item 13 of contract No. GS-07S-02242--rock salt to be delivered to Homestead Air Force Base, Florida. The bid that Curgill submitted was $20.25 per ton. Shortly after award, however, Cargill informed GSA that there had been a mistake in bid and that it actually had intended to bid $30.25 per ton. The general rule applicable to a mistake in bid alleged after award Js that thc sole responsibility for preparation of a bid ress with the bidder, and where a bidder makes a mistake in bid it must bear the consequences of its mistakb unless the mistake is mutual or the contracting officer was on actual or constructive notice of error prior to award. Reaction Instruments, Inc., B-189168, November 30, 1977, '7-2 CPD 424; Peterman, Windham & Yauhn, Jnc., B-186359, January 12, 397), 77-1 CPD 20. If a contracting officer suspects a wiatake, F deral Procurement Regulations (FPR) 5 1-2,406.1 requirec that a request for bid verification be made and that the bidder be informed why this request is being made. In those cases where the contracting officer knew or should have known of the probability of arror, but neglected to take the proper steps to verify the '!id, our Office has held that no valid and binding contract has been conswmated. Hearin Forest Industries, B-199297, July 19, 1977, 77-2 CPD 36; General Electric Comany, 3-185200, January 12, 1976, 76-1 CPD I9. - 1 - T1 i

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