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B-184180 1 (1975-11-28)

handle is hein.gao/gaobadcrb0001 and id is 1 raw text is: THE ILJIVI'TRLLE GENERA E C IS IONI OF THE UNITED STATES WASHINGTON, D.C. 20548 FILE: B-184180 DATE: November 28, 1975 MATTER OF: Culligan, Inc. DIGEST: Bidder alleging unilateral mistake in bid after award is not entitled to reformation of its contract since contract- ing officer requested verification of bid and received oral and written verification within 1 day of request. Rule is that when bidder is requested to verify bid and does so, acceptance of bid creates binding contract. Invitation for bids (IFB) No. N00104-74-B-1751 was issued June 5, 1974, by the Navy Ships Parts Control Center, Mechanics- burg, Pennsylvania, for ion exchange compounds. The bids were opened on June 24, 1975, and four bids were received as follows: Culligan, Inc. $14.50 per unit Bio-Rad Laboratories 39.95 per unit Illinois Water Treatment Co. 50.20 per unit Rohm & Haas Co. 57.55 per unit The bids were evaluated and it was determined that Culligan, Inc. (Culligan), had submitted the lowest responsive bid. When evalu- ating the bid, the buyer took into consideration the previous price history, the Government estimate of the cost which was $10.26 per unit and the impact of inflation since the last procurement. Since there was a large disparity in Culligan's bid and the next low bid, the contracting officer, pursuant to Armed Services Procurement Regulation (ASPR) § 2-406.1 (1974 ed.), contacted Cul- ligan by telephone on June 27, 1974. The president of Culligan reportedly verified the bid price. Culligan also verified its bid price by TWX message dated June 27, 1974. After verification, the Navy awarded contract No. N00104-74-C-D396 to Culligan on June 28, 1974. By letter dated July 11, 1974, Culligan alleged that a mistake in its bid had been discovered and that a revised bid of $29.80 per unit was requested. In effect, this revised bid increased the con- tract price by $44,461.80. By letter dated September 30, 1974, the - 1

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