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B-187237 1 (1976-09-23)

handle is hein.gao/gaobadcyd0001 and id is 1 raw text is: 
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                             THE  COMPTROLLER GENERAL
DECISIOl                     OF   THE    UNITED      STATES
                             WASH IN GTON, D .C. 20548




FILE:  B-187237                     DATE:   September 23, 1976

MATTER OF: J. J. Englert Company, Inc.               V7    7


DIGEST:

     Contractor's allegation of unilateral mistake in bid after
     award does not provide basis for contract adjustment since
     valid and binding contract resulted when bidder verified bid
     after contracting officer requested verification and indicated
     variation in bids received. Contracting officer's recommenda-
     tion that contract be canceled not adopted.


     On the basis of a mistake in bid alleged after award, J. J.
Englert Company, Inc. (Englert) requests modification of its con-
tract awarded under invitation for bids (IFB) No. 581-12-76 issued
by the Veterans Administration Hospital (VA), Huntington, West
Virginia.

     The IFB, issued May 14, 1976 solicited bids for two items:
(1) furnishing and installing windows and screens, and (2) furnish-
ing'and installing doors and frames. Three bids were timely
received on June 21; one was rejected for failure to acknowledge
an amendment.  The two remaining were Englert's bid of $45,709 for
Item No. 1 and $13,278 for Item No. 2 for a total price of $58,987,
and another bid of $77,045 for Item No. 1 and $36,791 for Item No. 2
for a total bid price of $113,836. The Government estimate for the
work was $65,444.

     Because of the difference in prices, the contracting officer
requested written verification of the Englert bid. Englert
specifically asked for and was given the prices in the other bid
under consideration. The contracting officer was then assured that
the bid was correct. The bid was again confirmed the next day,
June 22, 1976, when the contracting officer called to make sure
the written verification requested the prior day would be sent.
By letter dated June 24, 1976, Englert again verified that its
price of $58,987 for the two items was correct and was awarded
contract No. V581C-129 on June 29, 1976.


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