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B-192965 1 (1980-01-24)

handle is hein.gao/gaobadhxo0001 and id is 1 raw text is: FIR 46/5 THE COMPTROLLER GENERAL DECISION I . OF THE UNITED STATES WASHINGTON, D.C. 20548 UNITZ $ FILE: B-192965 DATE: January 24, 1980 MATTER OF: AydinLEneraL Systep-R ec 6sderation DIGEST: Where there is sufficient information available to contracting officer to reasonably dispel any doubts as to the question of mistake, request for verifi- cation of prices offered in negotiated procurement is not appropriate, not- withstanding possibility that Govern- ment estimate may be later found to be in error to some extent. Aydin Energy Systems (Aydin) reque.sts recon- sideration of our decision, Aydin Energy Systems, B-192965, September 6, 1979, 79-2 CPD 180, in which we denied its claim for relief from an alleged mis- take in its offer discovered after the award of con- tract N00039-75-C-0331 by the Naval Electronic SystemsA6-caoo Command (NAVALEX). In that decision we held that although Aydin's offer was 39 percent lower than the only other offer received, the contracting officer was not on constructive notice of an error in Aydin's offer. The Aydin unit price of $158,800 was about $4,000 more than the initial Government engineering estimate of $155,000 per unit and about $3,000 less than the $162,134 Government unit price estimate made for business clearance purposes prior to award. Aydin now contends that the Government estimates were in error and that if a proper estimate had been prepared, the error in Aydin's.offer would have been apparent to the contracting officer who would have then requested Aydin to verify its offer for possible errors. Thus Aydin seeks to now charge the contracting officer with constructive knowledge of the alleged error in that estimate. While the protester relies for the most part on the language of our prior decision which.held that there was no evidence of a mistake in the Government estimate, the issue here is not so narrow. In our

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