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B-188946 1 (1978-05-30)

handle is hein.gao/gaobadgcc0001 and id is 1 raw text is: 
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                      * s THE COMPTROLLER GENERAL
 DECISION                OF  THE   UNITEO     UTATE3
                         WASHINGTON. D.C. 2054B



 FILE: 0-188946                DATE: May 30, 108

 MATTER  OF:   Miller'B Sawmill, Inc.---Reconsideration


 DIGEST:

 1.  Decision holding that contracting officer was on
     notice of possibility of mistake in bid is affirmed
     where bid was well outside the relatively narrow
     range of other bids received.
.k~. Although sales of some surplus property may have
     such a wide range of bid variation that contract-
     ing officers are held not to have notice of the
     possibility of mistake because of such vide vari--
     ation, there is not a sufficiently wide rahge of
     bids on timber sales so as to place them in the
     same class as sur'lus property sales.

     The Department of Agriculture,.Forest Service has
 requested recontideration of our decision Miller's
 SawmiLL, Inc., B-188946, December 23, 1977, 77-2 CFD
 499.  The Forest Service.qtater that our deciilon
 does not recognize the realities of timber bidding
 and relies on factors which would not place one knowl-
 edgeable in timber sale bidding on notice of mist&ke.
     In the decision we noted that prior and contem-
 poraneous sales of timber tended to dispel any in-
 ference to be drawn from the bidd.ng pattern-that
 Miller's had made a mistake in its bid.. The question
 to be recolved was whether, despite those prior and
 contemporandous sales, the bidding pattern established
 by the sale in question was sufficient to put the
 contracting officer on notice of the possibility of
 mistake.  In resolving tha question, we took into
 account the generally rising market for timber, and
 the discrepancies betwedn the Government's appraised
 value for each of the types of timber being purchased
 and Miller's bid. We also noted the difference between
 Miller's bid and the next highest bid. But the case
 turned primarily on the fact that, while the other

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