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B-186959 1 (1976-08-30)

handle is hein.gao/gaobaddan0001 and id is 1 raw text is: v ~ THE COMPTROLLER GENERAL DECISIND OF THE UNITED STATES WASHINGTON. D. C. 20548 FILE: B-186959 DATE: August 30, 1976 MATTER OF: Atlas Builders, Inc. DIGEST: Where the only basis contracting officer had for suspecting error in bid is disparity with other bids and Government estimate, and the contractor knewthis was reason behind request by contracting officer for verification of bid, con- tract awarded after such verification cannot be reformed upon claim of mistake in bid discovered after award. Atlas Builders, Inc. (Atlas) requests an adjustment in the contract price of contract No. V667C-326 not to exceed the next lowest bid on the basis of a mistake in bid discovered after award. The president of Atlas was present at the bid opening on June 14, 1976, when Atlas submitted the low bid of $45,942 on invitation for bids (IFB) No. 667-38-76. The four other bids received were $53,219, $57,330, $63,900, and $64,220. The Govern- ment estimate, which was made known to the bidders at the opening, was $84,405. Since Atlas's bid was $7,277, or 14 percent, lower than the next lowest bid, and $38,463, or 58 percent, below the Government estimate, the contracting officer requested that Atlas verify its bid. Atlas verified its bid by telephone on June 15, 1976, and sent a letter of verification dated June 16. The contract was awarded to Atlas on June 15, 1976, on the basis of its oral verification. On June 18, 1976, during the preparation of purchase orders for materials for the job and the Contract Progress Report, Atlas discovered its error. In adding one item, the decimal point was misplaced, so that $1,288 was added into the sum instead of $12,880, and the bid of $45,942 was submitted instead of the $58,821 Atlas claims was its intended bid. Atlas now seeks to have the contract price adjusted to $53,200, or just under the next lowest bid. Work was begun on the contract on June 28, 1976. Federal Procurement Regulation (FPR) § 1-2.406-1 provides, in part, that: - 11-

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