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B-192169 1 (1978-12-22)

handle is hein.gao/gaobadgsu0001 and id is 1 raw text is: THE COMPTROLLER GENERAL DECISION . OF THE UNITED STATES . WASHINGTON, D. C. 2054 66 $ o0 i? FILE: B-192169 DATE: December 22, 1978 MATTER OF: Y. T. Huang and Associates, Inc. DIGEST: 1. Claim of mistake in bid after award is not precluded by' bidder's prior attempt to recover under defective speci- fications claim before contracting agency board of contract appeals based upon the same facts since board does not have jurisdiction overOclaim of mistake in bidand-mistake in bid claim and defective specifications claim are based upon different theories of recovery. 2. Where contractor called contracting officer inquiring-as to the low bidder, the amounts of the other bids, and the Government cost estimate, and the cbntracting officer did not divulge the amounts of the other bids, the large dis- parity between the contractor's low bid and the next low bid, nor the exact amount of the Government estimate but did obtain a verification from the contractor of his bid prices ,equest for verification was inadequate). _11-6 3. Where contract is entered into after bidder verifies prices in response to inadequate request for verification, no binding contract is created. Since an increase in contract price based upon factors not considered in original bid is not proper, and recission is not possible since contract has already been performed, relief may be granted on a quantum meruit or quantum valebant basis not to exceed the price that was offered by the second low bidder. Y. T. Huang and Associates, Inc. (Huang), has filed aclaim alleging a mistake in bid after contract award Huang was awarded Veterans Administration (VA) Contract No. V611C-60 for alterations to the fifth floor of the Veterans Administration Hospital ino Marlin, Texas. Bids from five other bidders were received in these amounts: $63,342; $51,139; $48,816; $47,800; and $46,251. Huang was the low bidder at $29,679.38. The next low bid to Huang's was 55.8 percent higher, and the highest bid was 113.4 percent higher than Huang's. The original Government estimate was $32,331, later recalculated at $48,409.

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