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B-189605 1 (1977-11-15)

handle is hein.gao/gaobadfhu0001 and id is 1 raw text is: L I .Z. THL CUMPTROLLER GENERAL DE.OLCiSICN 22/ J . CP THE UNETED STATES WAS -INGTO.2. D.C. 2054 C 'N 4 FILE: 3-189605 DATE: November 15, 1977 MATTER OF: Tri-State Maintenance, Inc. DIGEST: Request for modification of contract price due to alleged error in bid claimed after award is not allowed, since contracting officer adequately discharged bid verifica- tion duty by calling to bidder's attention variance in bids received an'2 bidder verified bi.i. Also, where error was not so gross as to suggest that Government was obviously getting something for nothing, relief is not grantud. On the basis of a mistake in bid alleged after award, Tri-State MainLenance, Inc. (Tri-State), requests modification of the contract awarded tinder solicitation No. DADA15-77-13-0039, issued on May 11, 1977, by Walter Reed Army Medical Center (URANC). If the request 1L denied, Tri-State requests that it be allowed to withdraw its bid, whith we view as a zequcst for recislon of the contracr. Tri-State does not contest that a legally enforceable contract exists, but rather saks for rlief based on the great burden it faces under the contract which could result in bankruptcy. However, unless specifically authorized by statute, nu agent of the Government, our Office included, may waive rights vested in the Government because of hardship or equities in f'vor of the contractor. Damascus losiery Millej nc., B-182406, June 3, 1975, 75-1 CPD 336. Norwithscanding, we will exami to the record to see whether there are legal grounds for relief. Five bids were received by bid opening (June 2, 1977). Tri-State's bid was the lowest ($13,922.46 per month). The ether four bids, on a per nonth basis, were $15,884.01, $15,892.34, $16,339.G9 and 417,133.37. Since Tri-State's bid was approximately 12-1/2 percent lower than the next low bid, the contracting officer advised Tri-State that its bid was the loucst, supplied the four other bid amounts and requested veri- ftdtion of its hid. Tri-State virifted its bid by lettL-: dated June 4, 1977, and on that basis, the contract was awarded to Tri-State on June 21, 1977. -j

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