About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline
LOG IN
LOG IN

B-184780 1 (1975-12-23)

handle is hein.gao/gaobadduh0001 and id is 1 raw text is: THE COMPTROLLER GENERAL DECISION *OF THE UNITED STATES -~ NJA SH INGT0N 0.C. 20548 FILE: B-184780 DATE: December 23, 1975 MATTER OF: Stainless Piping Supply Company DIGEST: 1. Where contract is terminated for default for failure of contractor to supply item which is also subject of mistake claim, issue of whether mistake exists is not under jurisdiction of Armed Services Board of Contract Appeals but for GAO or courts to decide. 2. Contractor alleging mistake in bid after award is not entitled to relief where contracting officer'had no actual or constructive notice of mistake prior to award. Variation of approximately 12.7 percent between low and next low bid and fact that manufacturer cited on bid allegedly does not produce required item are not suf- ficient to constitute constructive notice of mistake. Stainless Piping Supply Company (Stainless) requests that our Office grant it relief from a decision of the Defense Construction Supply Center, Defense Supply Agency (DSA) denying Stainless' claim of mistake alleged after award of contract DSA700-75-C-4896. The contract resulted from IFB DSA700-75-B-1708 which calls for the delivery of pipe of various diameters. Items 0001 and 0002 call for welded pipe while Item 0003 and option Item 0004 call for seamless pipe. Stainless was the lowest of eight bidders on Item 0001, welded pipe, as well as on Item 0003, the seamless pipe, for which it bid $4.16 per foot. The next lowest bid on seamless pipe was $4.69 per foot. On March 27, 1975, DSA exercised the option quantity under Item 0004 and awarded contract DSA700- 75-C-4896 for Items 0001, 0003 and 0004 to Stainless. The award of Item 0001 is not in controversy. Shortly after the award Stainless wrote the agency and alleged that its bid on Item 0003 was erroneous in that it was based on furnishing welded rather than the seamless pipe required by the IFB. The agency responded by issuing a 10-day cure notice and informing Stainless that since its price was in line with the others received there was no basis to charge the contracting offi- cer with knowledge of the mistake. The agency also warned Stain- less that a valid contract existed obligating it to deliver the required seamless pipe. - 1 -

What Is HeinOnline?

HeinOnline is a subscription-based resource containing thousands of academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.



Contact us for annual subscription options:

Contact Us

Already a HeinOnline Subscriber?

Log In

profiles profiles most