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B-195811 1 (1979-09-20)

handle is hein.gao/gaobadhpt0001 and id is 1 raw text is: after award where contracting oricer did not nave actual or constructive knowledge of error prior to award. ,,Courier-Journal Lithographing Company (Courier-Journal) re- quests reformation or rescission of its contract awarded under jacket 296-984, an invitation for bids (IFB) issued by the U.S. Government Printing Office (GPO). The request is based on a mistake in bid alleged to have been discovered after award. The IFB soliciting bids for the production of 142,000,76-page pamphlets was sent to 20 firms. Courier-Journal submitted the low bid of $39,994. Two other responsive bids of $44,999 and $48,997 were also received by GPO. The contract was awarded to Courier- Journal on August 1, 1979. By affidavit submitted to GPO, Courier-Journal stated that it had made a mistake in bid consisting of omitting from its cost estimate 139,000 sheets of paper, along with the corresponding ink requirements, cutting and folding time, and packing cartons and skids. The error is alleged to have resulted from Courier- Journal's failure to include in its calculation the paper needed for 32 of the 76 pages of the pamphlet. Inclusion of these items was asserted to raise the bid price to $51,753. The general rule applicable to a mistake in bid alleged after award is that the bidder must bear the consequences of its mistake unless the mistake was mutual or the contracting officer had either actual or constructive notice of the mistake prior to award. Wolverine Diesel Power Company, 57 Comp. Gen. 468 (1978), 78-1 CPD 375. In this case, there is no allegation or indication of mutual error or that the contracting officer had actual knowledge of the unilateral mistake. Thus, unless the contracting officer was on 77Z7 TH COMPTROLLER GENERAL DECISION . . OF THE UNITED STATES WASHINGTON, D.C0. 2054E FILE: B-195811 DATE: September 20, 1979 IVATTEFR OF: 6b Courier-Journal Lithographing Company DIGEST: No legal basis exists to reform or rescind contract, because of alleged unilateral error in bid discovered

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