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B-189756 1 (1978-03-08)

handle is hein.gao/gaobadftr0001 and id is 1 raw text is: I Keith Baker PL 2 THE COMWPTROLLER USNENAL DECISION . . OF TlE UNITEO MTATeE I. - WAflMINGTON, L.C. COM4E FILE: B- MATTER OF: 189756 DATE: f 3, i3 Murphy Brothers, Inc. DIGEST: 1. Bidder who is awarded'contract by agency despite claim of error is entitled to relief where error is substantiated by worksheets showing that bidder omitted item from its cost estimate. Although bid- der did not compute its bid price directly from its cost estimate, such estimate was used by bid- der as a basis for determining its final bid price. 2. Mistake relief is not ireeluded merely because bid on itim in vhich mistake is alleged was in line with(tthe Government's estimate and other bids on that item. While bidder has the responsibility for preparing its bid accurately, the Government may not tike advantage of a bidder's error where the Government is on notice of the error. Murphy Brothers, Inc. (Murphy)' has claimed a mistake in itL bid on Solicitation No. 77-2.1-R1O, issued by the Federal Highway Administration (FEWA), which resulted in award of contract DOT-PH-10-3148 for the construction of approximately four miles of grading and base in Pan- handle National Forests, Shoshone County, Idaho. Seven bids were received in response to solicitation, as followns Murphy Bros.r Inc. Max J. Kuney Co. Clark Bros. Contrctora Washington Constr. Co. L. M. Johnson, Inc. the subject $1,683,273 2,072,720 2,117,953 2,121,069 2,146,941 - 1 - <I Y 1 0 I U I

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