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B-189789 1 (1978-05-17)

handle is hein.gao/gaobadgbp0001 and id is 1 raw text is: o * *,THE CCMPTROLLER IRENERAL DECISION . O . F THM UNITED STATES W AU H IN-ETON. 0. C. *04 A FILE: B-199759 DATE: Ma7 17, 1978 MAT-'ER OF: Wolverine Diesel Power Company fIGEBT: 1. In deciding issue of mistake in bid, the General Accounting Office (GAO) is not bound by prior Armed Services Board of Contract Appeals (ASBCA) decision on same case finding mistake, as result of which no contract came into being, where ASBCA has declared in National Line Com- pan Inc. ASBCA No. 18739, 75-2 BCA 111;T40 (1975), that it lacks juris- diction to uecide mistake in bid questions. Existence of contract and mistake upon which relief may be granted is question of law upon which ASBCA's decision is not final under 41 U.S.C. 5322 (1970) and imple- menting procurement regulation and will be decided de novo by GAO. 2. Where solicitation provides that written acchptance of offer otherwise furnished to bidder within bid acceptance period shall result in binding contract and bidder took no exception to provision in its bi., contract was effective on timely issuance of telegraphic notict' of award and bidder's assertion of mistake to procuring activity after issuance of notice was there- fore allegation made after award. 3. Procuring activity is not precluded rom making multiple awards where solicitation ex- pressly reserves Government's right to do so and bidder does not qualify its bid for con- sideration only on all-or-none basis. Agency's requests for extensions of bid acceptance period were not inconsistent with provision to make multiple awards and extensions granted, without limiting language to the contrary, preserve Government's right to so award intact. ) - 1- I

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