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B-189168 1 (1977-11-30)

handle is hein.gao/gaobadfkt0001 and id is 1 raw text is: 








                                                   0TH  COMP'TROI.LER GENERAL
                      DECIEI3ON        .        ''F% . OF THE5 UNITWD       LTATE5
                                                   WASHINGTON. D. C. 20M40



                      FILE:        B-189168               DATE:.-November   30, 1977

                      MATTER OF:         Reaction Instruments, Inc.


        j             DIGEST:

                      1.   WhLere the only basis contracting officer has for suspecting
                           error in bid is disparity with other bid and Government
                           estimats, request for reformation of contract due to sileged
                           mistake in bid claimed after award cannot be allowed where
                           contracting officer adequately discharged bid verification
                           duty by calling to biddec's attention variance between its
                           bid and only other bid.

                      2.   Contract is not unconscionable whera difference between low
                           bid and Government estimate is not so great that Government
                           can be said to be obviously getting something for nothing'
                           and nothing in record suggests that the Government realized
                           it ws  getting something for nothing, in view of low bidder's
                           technical approach and manufacturing process,


                           On the basis of mistakes In bid alleged after award. Reaction
                      Instruments, Inc. (Reaction), requests rformation of its contract,
                      No. DOT-FA75WA-3645, issued by the Federal Aviation Administrationk
                      (FAA), W&shington, D. C.

                           Reaction's vice preuide.t was present at the bid opening on
                      April 1, 1975, when Reaction submitted the low bid of $429,OOC for
                      a quantity of 60 Doppler VOR ' Latributor assaemblies, on-site spares
                      and other support Items.  Thu anly other bid wais submitted by Wilcox
                      Electric, Inc. (Wilcox), for $1,299,999. And although FAA had an
                      estimate for the contract of $543,850, this estimate was never
                      revealed to the bidders by the contracting officer.

                           At bid opening, the contractig officer noted the great disparity
                      between the two bids and orally ra'uested Reaction to review its bid
                      prices.  Later that same day, Reaction's vice president informed the
                      contracting officer by telephone that Reaction's prices were correct.
                      However, on April 3, J975, the contracting officer made v further
                      request in writing for price verification of the bid prices. Reaction
                      replied in writing on April 4, 1975, and stated that the prices under
                      the subject solicitation remain valid.











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