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B-191011 1 (1978-04-18)

handle is hein.gao/gaobadfyl0001 and id is 1 raw text is: oI HEM COMPTROLLER GMNYRNAL DECISION .1 ' .tPTHMauNITE0 DSTATea dADH INGTO N, 0.C . 2O54.8 44 FILE: B-191011 DATE: Auril l8, 19T8 MATTECMPROLEROEFRA J.B.L. Construction Co., Inc. DIGEST: Where low bid price is approximately 28 percent lower than only other bid received and is in line with Government estimate which was reevaluated after bid opening, contracting officer was not on constructive notice of error in.bid alleged after award, and con- tract is valid and binding on all parties. J.B.L. Construction Co., Inc. (J.B.L.), received award of 1vterans Administra'ion (VA) contract No. V631C- 349 on July 15, 1977, at the award price of $75,325. The only other bid price received was $104,900. The Govern- ment estimate was $77,070. Verbally on August 10 and by letter of September 21, 7.B.L. requested a $21,580 in- crease in the contract price on th.e basis that it had made various errors in the computtion if its bid price. The VA has referred the question .f whether the contract price may be increased to our Office. Our office has consistently held that the responsi- bility for the preparation of a bid rests with the bidder. Therefore, P uidder who makes a mistake in bid which has been accepted in good faith by the Government must bear the consequences of it unless the mistake was mutual or the contracting officer had either actual or constructive notice of the mistake prior to award. Penn Electric Motor Company, Inc., B-185703, July 9, 1976, 16-2 CPD 25. In the instant case tV' mistake was not mutual, and the contracting officer -id not have actual knowledge of it prior to award. ThEefore, the question is whether he was on constructive nctice of the mistake. - 1-

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