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B-196112 1 (1979-10-24)

handle is hein.gao/gaobaduis0001 and id is 1 raw text is: DECISION FILE: B-196112 'DIGEST - L -- THE COMPTROLLER GENERAL- OF TH'E UNITED STATES WASHINGTON, 0.C. 205 7 c 48 654 DATE: October 24, 1979 MATTER-OF: Honor Guard Security Services DIGEST: Contract may not be-reformed based on claim of unilateral mistake in bid, since bid disparities were not so great to have placed contracting officer on notice of possible error in bid, and acceptance of bid resulted in valid and binding contract. Honor Guard Security Services (Honor Guard) re- quests reformation of contract No. DACA41-79-C-0001 awarded to the firm on October 23, 1978, by the De- partment of the Army Corps of Engineers (Corps) for furnishing guard protection and patrol services at the Weldon Spring Chemical Plant in Missouri. Honor Guard alleges that it mistakenly failed to provide in its bid for a working guard supervisor required by the specifications. The firm argues that the contracting officer should have suspected a possible mistake in the bid, and acceptance of the bid without a request for verification therefore did not result in a bind- ing contract. We disagree. We first note that the record indicates that in a matter pursued by Honor Guard under the contract's Disputes clause the firm contended that the speci- fications in fact did not require a working guard supervisor; however, the Armed Services Board of Con- tract Appeals (A, BCA) recently rejected that position. ASBCA No. 23502,rSeptember 5, 1979. With respect to the merits of Honor Guard's mis- take request, we have consistently held that the res- ponsibility for the preparation of a bid rests with the bidder. 48 Comp. Gen. 672,t674 (1969). Therefore, when a unilateral mistake in bid is alleged after the award of a contract, our Office will grant relief

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