About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline

B-194075 1 (1979-04-16)

handle is hein.gao/gaobadhdi0001 and id is 1 raw text is: 




                         XV1jECOMPTRO0.L.R GENERAL
 DECISION        .        OF  THE UNITED       ETATEB
                          WASHINGTON, D.C. 20548



 FILE:       B-194075           DATE:  April 16, 1979

 MATTER   OF:    Rubbermaid Applied Products, Inc.


 DIGEST:

      Request for reformation of contract terms
      basiid upon misf &eall4gdd after awatd is
      denied 'ince -conracting off icer is not
      charged with constructive notice of.pobssible
      error merely becausercontractor's offered
      delivery terms..differed from those offered
      under prior contracts, nor is contracting
      officer obligated to search agency files to
      compare prior contract terms to verify ac-
      curacy of current bid.

      4~~iemad -Appli~md-tProducts, Int(ibbermaxid)
      req sgreformation''of -its Fedtral =SLjply Schedule
-requirements type contract No. 'GS-04S-22724 awarded by
the  Geheral'Services Administra:ion (GSA) due =to a
mist   e in bid alleged after award. The contract prices
in  quisEion were based on discounts bid from suppliers'
cataloguie or market prices as well as the delivery terms
offered  by the bidder.

6 Riibbermaidsbid offered delivery terms- F.O.B.
destina ion, but  now -seeks to have its cont'ract- reformed
to  reflec  delivery terms of F.O.B. destination within
250 miles4 of Statesville, North Carolina and F.O.B.
origin,,tyond  that distance. The effect of the requested
correction would be  to shift to the Government all of
the  transportation costs beyond a 250 mile radius of
Statesville.

      Rubbermaid states that1when it submitted its offer,
 it inadvertently neglected to specify the intended terms
 because it confused the terms of this solicitation with
 other contracts held by another division of the firm.

What Is HeinOnline?

HeinOnline is a subscription-based resource containing thousands of academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.



Contact us for annual subscription options:

Already a HeinOnline Subscriber?

profiles profiles most