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B-199788 1 (1980-11-12)

handle is hein.gao/gaobadirq0001 and id is 1 raw text is: e- 'THE COMPTROLLER GENERAL DECIS OF 'THE UNITED BTATES WASHINGTON, D. C. 20548 FILE: B-i 9788 DATE: November 12, 1980 MATTER OF: Will Ross, Inc.--Reconsideration 10 DIGEST: Where bid is in line with Government expectations and contains no evidence of possible error, contracting officer was not on constructive notice of error merely because packaging requirement in solicitation was allegedly contrary tq industry standard and claimant's offered prices were allegedly lower than prices which nonmanufacturing distributors should be expected to bid. Searle-Will Ross Division (Will Ross) requests reconsideration of our decision, Will Ross, Inc., B-199788, September 22, 1980, 80-2 CPD 218, in which we denied relief from an alleged mistake in its bid discovered after award of a Veterans Admin- istration (VA) contract for a quantity of hypodermic syringes. Will Ross had claimed that its bid was erroneously based upon a 50 syringe per box unit rather than the specified 100 per box requirement, and that its bid therefore reflected only one-half of its intended price. We did not sanction reformation or rescission of the contract since the mistake was clearly unilateral on the part of Will Ross, and the contracting officer was on neither actual nor constructive notice of any possible mistake in bid. We found constructive notice lacking since nothing in the information available to the contracting officer indicated the possibility of an error. The Will Ross bid was unremarkable, we stated, since the offered prices of $6.11 and $6.60 per unit were 18 percent higher than the preceding contractor's and within the range anticipated by the VA. 1 77

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