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B-196924 1 (1980-05-20)

handle is hein.gao/gaobadigt0001 and id is 1 raw text is: THE COMPTROLLER GENERAL DECISIOiN . OF THE UNITED BTATEB WASHINGTON. D.C. 20548 FILE: B-196924 DATE: May 20, 1980 MATTER OF=: Dorman Electric Supply Co., Inc. DIGEST: 1. No legal basis exists to reform contract on basis of alleged mistake in bid, dis- covered after award, where error was unilateral, there was no actual notice, and next low lump-sum bid was less than 11 percent higher than awardee's bid, which by itself is insufficient to warrant placing contracting officer on notice of possibility of error. 2. Administrative Procedure Act excludes contract matters from rule making pro- visions; moreover, GAO is not subject to act since it does not engage in rule making or adjudication as contemplated by act. 3. Under procedure _wher-eZ G ettles claims pursuant to 31 U.S.C. 71 0n basis of written record without formal hearings, there is no denial of due process. 4. GAO intended to give tacit approval to Architect of Capitol's proposed error in bid regulations when comments were furnished without objection to delegation proposed. 5. Although error in bid regulations of Architect of Capitol are not published to public at large, they are incorporated by reference into invitations for bids and are available to bidders and contractors upon request so that contractor by bid- ding under invitation for bids was made aware of regulations that would apply in event of error in bid.

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