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FILE: 1-205186 DATE; May 25, 1982
tAAI'TIER OF: Ovchinikhov Brothers
DIGEST;
Contract award subject to resolution of
the bidder's preaward claim of mistake
should be rescinded ;isjere the agency
had constrtlctivo notice of th mistake
before aiard and where the firm has
furnishec evidence that reasonably sup-
ports its claim of mis:-ake,
.Rodian and rrotey Ovchinikov, doing business ati
the Pvchilniiov flrothers, claim a mistake in their bid
unclec invitation for bids No, RG-2-s1-045, issued by
tLhe Forest Service for troee thinniny and relal: d work
in Frenont Ncvtieual Forest, Oregon, 'ief Ovclinkov
firm was t:he low bidder on item 2 of the TEB, but so(ht
to withdraw the bid bealed on an alleged mistake in the
bid price. The Forest Service, however, concluiced that.
the Ovchir;ikov Brothers did not preseont clear and con-
vincing evidence that a nista e occurred, and awarded
a contract-: to the firm for item 2. W.e believe that the
evidence swi'mitved by the firm ia suTifficient to Thow a
mistake in bid, and that the award therefore should
be rescinded.
The solicitil:Jon ccontained two items, e-ich relat'-
lug to a differont geographic area within the forest.
Performance of each item includc1 both tree cutting
and buckiny,' which essentially involves cutting large
trees and limbs to smaller lengths. Bidders were per-
mitted to qualify their bids to limit the amount of work
they would perform. 'on bids were received on item 1,
and nine bids on itm 2. 'The Ovchlinikov Brother-s Were
tile apparent low bidders on both items, with a bid of
$4 $40 per acre ($9,840 total) on item 1, and $50 or acre
($13,400 total) on item 2. Jlowever, sirce th'. ovchinikovs
had qualifie] their bid A:ith a $13,400 ceiling, they wore
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