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B-193396 1 (1979-07-09)

handle is hein.gao/gaobadhjo0001 and id is 1 raw text is: THE COMPTROLLER GENERAL DECISION OF THE UNITED STATES V/ASHINGTON. O C. 20548 FILE:~ B-193396 r-IA-~. ~ 10e MATTER OF: Handy Tool & Manufacturing Co.. Inc. 0 DIGEST: Even if bid of large business is disregarded in looking at disparity among bids received under small business set-aside, circum- stances were not such as to place con- tracting officer on constructive notice of the probability of mistake. Therefore, contract may not be rescinded on basis of mistake in bid alleged after award. Handy T p1&.gqufacturing Co., Inc. (Handy) has &quest W escission- f a contract on the basis of a mistake in bid allege after award. For the reasons stated below we believe the contract may not be rescinded. Invitation for bids (IFB) No. DLA 700-77-B-1288 (totally set aside for small business concerns) was issued August 18, 1977, for 1200 spur gears. The gears were described by six drawings listed in the IFB Schedule, but not physically attached to the solicitation. Handy's bid was the lowest received. Handy was not requested by the contracting officer to confirm its bid and on October 31, 1977, it was awarded contract No. DLA 700-78-C-0253. First delivery of the spur gears was to be by April 29, 1978. By letter dated April 28, 1978, six months after award and one day before the first scheduled delivery, Handy contacted the agency alleging a mistake in bid. Handy stated that it did not have enough time to obtain the drawings prior to the bid opening date, so it bid in ignorance of them. Upon receipt of the drawings after award, Handy said, it discovered many close tolerances and that the gears required 100 percent functional testing. Handy's alleged mistake was that it elected to bid before seeing the drawings, which described an item more difficult and expensive to manufacture than Handy anticipated. Tp'c-c' 7T .1 4 & 1_9 C QLA C5

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