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B-195719 1 (1980-01-14)

handle is hein.gao/gaobadhws0001 and id is 1 raw text is: 91 0LLF.R /Z5. 7/ THE COMPTROLLER GENERAL DECISION . . OF THE UNITED STATES WASHINGTON, D. C. 20548 FILE: B-195719 DATE: January 14, 1980 MATTER OF: Ziegler Steel Service Corp. DIGEST: 1. Where contract was awarded prior to effective date of Contract Disputes Act of 1978 (Act), contractor proper- ly could elect to request relief for mistake in bid from contracting agency under Pub. L. No. 85-804 rather than under Act. 2. Denial of relief for mistake in bid under Pub. L. No. 85-804 does not preclude GAO from considering whether contractor otherwise is entitled to relief independent of that statute. 3. Proper request for verification of bid requires that contracting offi- cer apprise bidder of mistake sus- pected and basis for suspicion. 4. Binding contract was not consummated by Government's acceptance of bid after bidder verified price in re- sponse to inadequate request for verification. If intended bid price cannot be established and rescission is impractical, contractor may be paid on quantum valebant basis for materials delivered not to exceed al- leged intended bid. Ziegler Steel Service Corp. (Ziegler) requests / eformationjof contract No. 700-78-C-1532 with the (AS f'Defense Logistics Agency (DLA) on the basis of a

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