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B-190893 1 (1978-05-12)

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FIL:: B-190893


DATE:


NO 12, 197S


MATTER   OF: Utility Petroleum and Refining, Inc.

DIGEST:


           Where contracting officer stated
           that there was noti!e-of prob-
           ability of mistake in bid becaus'
           price for number 5 fuel oil item
           was out of line compared to other
           bids and available information,
           item may be rescinded since no valid
           and binding contract is consummated
           where contracting officer kne's or
           should have known ot ertor and neglected
           to verify bid.


     On the baE  ; of a mistake in bid alleged altec
award, Utility    -oleum and Refining, Inc. (Utility),
requests modifi.c .a.on of the contLact awarded tinder
invitation for b..ds (IFE) No. DSA600-76-B-1014, issued
on August 12, 1976, by Defense Fuel Supply Canter,
Defense Logistics Agency (DLA).  More specifically,
Utility requests rescission of itori No 295-53, which
required approximately 109,000 barrels of number 5
(light) fuel oil, in contract No. DSA600-77-D-0032.

     The invitation solicited bids for the supplying
of various distillate and residual bunker fuels,
pursuant to the East/West Coast Marine Bunker Program,
for the period of January 1, 1977, through December 31,
1977.  Utility bid on 45 of the items in the IFB and
its bid discloses that for  each of the items it listed
either a number 2 or a number 6 fuel oil and priced
accordingly, even though item 295-53 called for a
number 5 fuel oil.

     Utility contends that while determining which
items in section E, the list of the distillate and
residual bunker fuels, to bid on, ±t read item 295-53,
a number 5 (light) fuel, as a number 6 fuel and bid
the same price ($9.90 per barrel) as it did on item
240-55, a number 6 fuel, listed on the preceding page.

                  - 1 -


                         THEI COMPTRCLL.ER   GRIEERA'.
C'ECISIONd               Cr- TIE   UNITED S4TATUE
                         UN2AL I NSTO N.  D.-C. 20t54U1
                 LhPVl L


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