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B-177926 1 (1973-04-19)

handle is hein.gao/gaobaadvs0001 and id is 1 raw text is: 



,,                 COMPTOLLER GEnERAL OF THE UNITED tTATES
  4.$' '                     WASHINGTON, P.C. 2o48

                vS

          n'ITrr92                      April 19, 1973


          The lionormble Earl L. Buts
          Secretary of Agriculture
          Dear ), Seorotary:

              Riferene o it=de to a letter dated January 29, 1973#
          from the Director# Office of Pinot and Operations,   ,uea- .    O6*CP
          ig . 4eoiion vhMethor relief nny be granted to pro-de
          additional conmpenhtiohof k,779,58 to ilehler Dales Inc,,b/oVO09
          for an error in bid alleged after eNrd of contract

              The invitation :or bids upon i4oh the contract in
         based invited offers to perform construction and altenation
         inorW at the 11,, Grain lrketing fleseach Center, Jp1nbattani '5L.P-
         tanas,   The bid ohedulq provided for three basic bid items
         plus a combination bid,. Miehler submitted tom offer only on
(        Basic Did Item 3, Job t16, in the amount of %22,8575.
         The work for Job j4L16 was set forth on sheots 1, %, 6, and
         10 of the contract dra ings, The other offers received for
         IsiO Bid wlo- 3 imre $29,566, 1'32,C00 and $44,300t The
         Qovern=ont o4tinato vas- %'20,O00 ince no combination bid
         ir  lons than the total of the individual bacic bid prices
         and theBlehlor bid van low on Basic Bid Item 3, it woo
         awarded a cont:?aot for that item,  Cubsoquently, Iiehier
         advised the co.;tracting officer that it h4 nade a mistaki
         in its bid by n.t bidding on the work in Job 1'i.6 set forth
         in cheets 4 and 10 of the contract drawings.

              Plere a jritaeako in bid is alle d after aiard of a contract,
         our Office ill grant relief only if the mistake was rututl or
         the contracting officor was on actual or constructive notice o1
         the error prior to award. 48 Cor G, Gen. 672 (1959)1 37 id.
         685 (1958); 17 .,.o575 (1938).*
              The responsibility for the preparation of the bid subm.tted
         in response to the invitation waa upon the bidder.  While it in
         trae that sheet 4 of the drawinga,i nich covers a phase of
         Job /116, wo not liated in the index of drarinc for Job i#!Il6,
         Iiehler ctatoc thnt it did not rely on, or even coal th6 index.


         ?reet      eJ           4a                Ocy      Itn tr Fr


             4'.                              BEST   octiENi AVMILABU1

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