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B-192965 1 (1979-09-06)

handle is hein.gao/gaobadhoq0001 and id is 1 raw text is: THE COMPTROLLER GENERAL DECISION . OF THE UNITED STATES WASHINGTON, D.C. 20548 B-192965 DATE: September 6, 1979 Aydin Energy Systems JOZ- ' 7 DIGEST: Where low offer is 39 percent lower than only other offer received and is close to Govern- ment estimate, contracting ing officer was not on con- structive notice of error and there is no legal basis for increasing alleged erroneous unit price. Aydin Energy Systems (Aydin) has filed a claim for $624,204 alleging a mistake in its offer upon which contract N00039-75-C-0331, awarded by the Naval Electronic 0 5, Systems Command, is based. The procurement was negotiated under the authority of 10 U.S.C. § 2304(a)(2) (1976). Two offers were received. Aydin submitted an offer of $2,866,808. RCA submitted an an offer of $3,989,790, $1,122,982, or 39 percent, more than Aydin's offer. Award was made on the basis of initial proposals. Aydin contends essentially that the 39-percent differ- ence between the offers should have alerted the contracting officer to the possibility of an error in the Aydin offer and that, therefore, the offer should have been verified before award. Initially, Aydin sought relief under P.L. 85-804, 50 U.S.C. §§ 1431-1435 (1976), which was denied. The denial is not reviewable by our Office so far as entitlement to relief under the statute is concerned. 52 Comp. Gen. 534 (1973). However, the denial does not preclude our Office from considering whether a contractor is entitled to relief because of an error made in its offer. Id. [77/q LLG ,qT 6ho AJ of /N f~~d3 FILE: MATTER OF:

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