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B-190342 1 (1978-01-26)

handle is hein.gao/gaobadfqq0001 and id is 1 raw text is: I U _ A FILE' 0-190342 DATE: Jauuary 26, 1978 MATTER OF: Anabolic, Inc. DIGEST: Request for upward modification of contract price due to alleged error in bid claimed after award cartnot he allowed when contract- ing officer was not on constructive notice of possibility of error despite great dis- parity between only two bids ceceived since there are other indices that provide more reliable basis for zomparison of bids (prior prdcurement history) and contracting officer does not have the duty to know entire market place for item to extent that cost of raw materials is involved. Anabolic, Inc. (Anabolic), reauests,that our Office idCOnsider Veterans Administration (VA) Administrative Determination No. 77-14, August 3, 1977, denying Anabolic's reqi'st toria price adjustment due to a mistake in bid tiscovered atcv award, under VA contrpict No. V797P-5691d, awarded January 26, 19771, for Colchicie TablEcs, :zlicitation No. MS-24-77 requested bids for 34 items, but we are only concerne with item 1, the summary bid foz furnishing items 15-17 on an wall or none basis. There were only two-bids received for item 18, Anabolic's $0.495 per unit and Danbury Company's $1.10 per unit. Purchas, Oter No. 77-MC-50201, totaling $18,693, was issued to Anabolic for 37,764 bottles of the tablets on January 26, 1977. On February 1, 1977, Anabolic.notified the VA that Anabolic's unit price offer of $0.495 on item 18 was in error:.and the price should have been $0.687. The reason given 'for the error was that an administrative error was m',.in calculating the costs of raw materials necessary to mahufacture the Colchicine Tablets. Anabolic pointed to two contracts for the tablets that it was awarded by the Defense Supply Agency (DSA), now the Defense Logistics Agency, as follows: 10 'C -, rtl a- S. 'a ii H I' * I V N. Yordefl * THN COMPTNOLLIN URIEPIAL OECUIgAN .. OP THE UNIrSO UTAVES WAUMINr,'JN. D.C. WOg4U twrrr I PL t 1 - 1 - U.' b I

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