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B-191647 1 (1978-06-26)

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                     '   THE COMPTMLLER GENERAL
DECISION     O THE UNITW UTATE
                         W A5H I NGQTON L wD. a2uc5s 1


FIAE:     5-191647

MATTER   OF:


DATE:  Jim.. 26, 1iT.


                 Frank Black, Yr., Incorporated

  DIGEST:
     1.  Contracting officer's duty to notify
         bidder of suspected mistake was met
         where bidder was advised that its bid
         was 'somewhat lower than others re-
         ceived,  considering that contracting
         officer was oniy aware of bidder's
         lump-sum bid, the Government'& estimate
         was set forth in the solicitation and
         the bidder was present at the bid
         opening and thus aware of the other
         bid prices.  Althoui'h the Government's
         estimate was subsequently revised Cown-
         ward, failur  to disclose that in-
         formation to bidder does not affect
         validity of notification of suspected
         error.

     2.  Reformation of contract may not be
         granted oi basis of unconscionability
         because circumstances do not establish
         that mistake was so gross that Govern-
         ment  : obviuusly getting something
         for nothing.


     Frank Plack, Jr.. Inc. (Black) has alleged a mis-
take in bid after award of contract V101C-54 by the
Veterans Administration (VA) for Project No. 595-025
to perform all work necessary to air condition various
buildings at the VA Hospital, Lebanon, Pennsylvania.
Black requests reformation of its contract price in
the sum of $182,723 to reflect the cost of roof-top
units which Black erroneously believed was included
in a supplier's quote uPed to calculate Blackqs bid
price; Black learned only after award that the quote
had not included these items.


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