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B-195003 1 (1979-09-12)

handle is hein.gao/gaobadhoy0001 and id is 1 raw text is: 

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B-195003


DATE:  September 12, 1979


MATTER  OF:   Arbor Development Corporation 17  027


DIGEST:


I-


1.   Where evidence of intended price for omitted
     items consists of supplier quotations obtained
     after bid opening, resulting in a recalcula-
     tion of the bid based on factors not originally
     considered, agency properly did not allow cor-
     rection of erroneous bid.

2.   Since it is clear that contractor was aware
     of all requirements when it elected to accept
     award at original bid price, resultant con-
     tract expressed final understanding of parties
     and no legal basis exists for subsequent refor-
     mation based .on mistake in bid.

3.   Where bidder is permitted to withdraw its
     bid but willingly and knowledgeably accepts
     award of contract at erroneous bid price
     which allows it to make a profit and keep its
     work force intact through winter months,
     contract is not unconscionable.


~~,C~20O3C~


     Arbor Development Corporation (Arbor) requests
additional payment under U.S. Department of Agriculture
Forest Service Contract No. 50-8428-9-16. The basis
for the request concerns Arbor's error in bidding under
the Forest Service's solicitation No. INT-79-01 for
the construction of a Headhouse/Greenhouse at the Inter-
mountain Forest and Range Equipment Station, Provo,
Utah.                                                   JL 7 7

     The solicitation called for a base price on the
major construction work, a price for an additive item
which included furnishing and installation of labora-
tory plumbing fixtures, and a total price. Arbor's
total price of $199,060.00 was the apparent low bid;


                      / THE  COMPTROLLER GENERAL
DECISION .     * OF THE UNITED STATES
                    - ~  WASHINGTON. 0.C. 20548
                  LNTE.


FILE:

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