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B-194610.2 1 (1981-08-10)

handle is hein.gao/gaobadjpw0001 and id is 1 raw text is: 01,LER .~ THE COMPTROLLER GENERAL DECISION OF THE UNITED STATES WASHINGTON, 0.C. 20548 VINITED FILE: B-194610.2 DATE: August 10, 1981 MATTER OF: Andy Electric Company - Reconsideration / DIGEST: Contracting officer who suspected mistake in bid due to disparity between other bids and Govern- ment estimate, but who reasonably had no suspicion of error in Government estimate, properly performed his verification duty by informing bidder of disparity. Moreover, acceptance of bid does not constitute unconscionable contract because Government did not realize that performance of contract at quoted bid price would result in getting something for nothing. Andy Electric Company (Andy) requests reconsidera- tion of our decision of April 1, 1980, 80-1 CPD 242, in which we denied its request for reformation of a contract due to a mistake in bid discovered after award of the contract. In that decision, we held that a contracting officer who reasonably had no suspicion of a mistake in the Govern- ment estimate properly performed his verification duty by informing the bidder of the discrepancy between its bid and both the Government estimate and competitive bids. Andy contends that this decision is erroneous since the contracting officer had actual knowledge of the mistaken estimate, but failed to provide Andy with the correct figure when requesting verification of the low bid. After careful consideration of the additional information submitted by Andy, and upon reexamination of the record, we conclude that an increase in contract price is not justified and affirm our previous decision. Andy contends that the contracting officer was aware of the mistake in the Government estimate when requesting verification since an amendment to the solicitation changing the electrical wiring requirements greatly increased the contract price and made the original Government estimate obsolete. Andy therefore maintains that the contracting officer's failure to inform Andy of the complete basis for his suspicion that a mistake in

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