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B-199788 1 (1980-09-22)

handle is hein.gao/gaobadiop0001 and id is 1 raw text is: THE COMPTROLLER GENERAL DECISION OF THE UNITED STATES VASHINGTON. D.C. 20548 FILE: B-199788 DATE: Septhmber 22, 1980 MATTER OF: Will Ross, Inc. DIGEST: Where circumstances did not put con- tracting officer on notice of possible mistake in bid, acceptance of bid resulted in valid and binding contract. Therefore, there exists no legal basis for reforming or rescinding contract based on contractor's subsequent claim of unilateral mistake in bid. The Veterans Administration (VA) has f rwarded for our consideration atPraim of mistake in bid submitted by Will Ross, Inc. (Will Ross) following the award to that firm of a contract to supply hypodermic syringes. The solicitation, issued on September 28, 1979 by the VA Marketing Center, Hines, Illinois, called for quantities of both 5 to 6 cc and 10 to 12 cc syringes and clearly specified the unit as a box of 100. Of the two firms responding prior to the October 23, 1979, bid opening date, Will Ross submitted the lowest bid for both quantities at $6.11 and $6.60 per.unit, respec- tively. The only other bidder, Sherwood Medical, bid only on the 10 to 12 cc quantity-, offering a price *of $7.08 per unit. It is reported that Will Ross' prices were 18 per- cent higher than the preceding contractor's and within the range anticipated by the VA. Since Will Ross had never before bid low on this item and was a new potential supplier, the contracting officer telephoned the firm on November 16, 1979 to confirm its prices and its understanding of the specifications and delivery schedule. Will Ross replied that all three elements were correctly reflected in its bid and, on November 28, 1979, that firm was awarded the contract.

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