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B-194380 1 (1979-04-17)

handle is hein.gao/gaobadhdf0001 and id is 1 raw text is: 


                      . THE COMPTROLLER GENERAL
DECISION .     . OF THE UNITED STATES
                        WASHINGTON, D. C. 20548
                 I~ T                           96


FILE:B-194380


DATE: April 17, 1979


MATTER   OF:Department of the Interior





    1.  Where due to substantial difference
        between low bid and next low bid con-
        tracting officer advises low bidder of
        difference and possibility of error in
        bid and where low bidder nonetheless
        verifies its bid price to be correct,
        contract awarded to low bidder is valid
        and binding on parties to contract.

    2.  Relief for mistake in bid alleged after
        award may not be granted on basis of
        unconscionability where second high bid
        was approximately 78 percent higher.


     Invitation for bids No. FWS-4-78-106 was issued
by the Department of the Interior, Fish and Wildlife
Service, for the procurement of lumber and timber
materials.  Prospective bidders were advised in the
invitation that the estimated cost range for the
materials was over $100,000. The following bids were
received:


Southern Wood Piedmont Company

R. H. Whelan Company

American Creosate Works Inc.

Atlantic Wood Industries Inc.


$ 54,349.54

  95,986.00

  124,963.60

  158,230.00


     The day after bid opening, September 22, 1978,
the contracting officer called the low bidder and ad-
vised it that because its bid was considerably lower
than the next low bid he was required to ask that
the correctness of the bid price be confirmed. On
September 25 the low bidder confirmed its bid price.


5_*

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