B-125189, OCT 3, 1955

B-125189: Oct 3, 1955

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PRECIS-UNAVAILABLE SECRETARY OF AGRICULTURE: REFERENCE IS MADE TO YOUR LETTER OF AUGUST 15. IT IS STATED THAT THE AUTHORITY TO MAKE THE DETERMINATIONS WILL BE CENTRALIZED IN THE OFFICE OF THE GENERAL COUNSEL OF YOUR DEPARTMENT IN WASHINGTON. THAT THE EXERCISE OF SUCH AUTHORITY WILL BE RESTRICTED TO THOSE CASES WHERE THE COURSE OF ACTION IS ADEQUATELY JUSTIFIED. IT IS FURTHER STATED TO BE UNDERSTOOD THAT THE AUTHORITY. AUTHORITY IS HEREBY GRANTED FOR DETERMINING ADMINISTRATIVELY THE ACTION TO BE TAKEN IN THE FOUR TYPES OF MISTAKE-IN BID CASES.

B-125189, OCT 3, 1955

PRECIS-UNAVAILABLE

SECRETARY OF AGRICULTURE:

REFERENCE IS MADE TO YOUR LETTER OF AUGUST 15, 1955, REQUESTING AUTHORITY TO DETERMINE ADMINISTRATIVELY, WITHOUT SUBMISSION TO THIS OFFICE FOR ADVANCE DECISION, THE MOTION THAT SHOULD BE TAKEN IN FOUR TYPES OF MISTAKE -IN-BID CASES AS FOLLOWS:

1. A BIDDER PRIOR TO AWARD ALLEGES A MISTAKE IN THE BID, REQUESTS THAT THE BID BE DISREGARDED, AND OFFERS CLEAR AND CONVINCING EVIDENCE OF THE MISTAKE.

2. A BIDDER PRIOR TO AWARD ALLEGES A MISTAKE IN THE BID, REQUESTS THAT THE BID BE DISREGARDED OR CORRECTED, BUT DOES NOT OFFER CLEAR AND CONVINCING EVIDENCE OF THE MISTAKE.

3. A BIDDER PRIOR TO AWARD ALLEGES A MISTAKE IN BID, REQUESTS CORRECTION OF THE BID, AND OFFERS CLEAR AND CONVINCING EVIDENCE BOTH OF THE MISTAKE AND OF THE ACTUALLY INTENDED BID PRICE.

4. A BIDDER PRIOR TO AWARD ALLEGES A MISTAKE, REQUESTS CORRECTION OF THE BID, AND OFFERS CLEAR AND CONVINCING EVIDENCE OF THE MISTAKE, BUT FAILS TO OFFER CLEAR AND CONVINCING EVIDENCE OF THE ACTUALLY INTENDED BID PRICE.

IT IS STATED THAT THE AUTHORITY TO MAKE THE DETERMINATIONS WILL BE CENTRALIZED IN THE OFFICE OF THE GENERAL COUNSEL OF YOUR DEPARTMENT IN WASHINGTON, D. C., AND THAT THE EXERCISE OF SUCH AUTHORITY WILL BE RESTRICTED TO THOSE CASES WHERE THE COURSE OF ACTION IS ADEQUATELY JUSTIFIED. IT IS FURTHER STATED TO BE UNDERSTOOD THAT THE AUTHORITY, IF GRANTED, WOULD NOT DEPRIVE OUR OFFICE OF THE RIGHT TO QUESTION THE CORRECTNESS OF THE ADMINISTRATIVE DETERMINATIONS MADE OR THE EXERCISE OF OTHER PERROGATIVES OF OUR OFFICE, AS SET FORTH IN 29 COMP. GEN. 393.

UNDER SUCH CONDITIONS, AUTHORITY IS HEREBY GRANTED FOR DETERMINING ADMINISTRATIVELY THE ACTION TO BE TAKEN IN THE FOUR TYPES OF MISTAKE-IN BID CASES.

A STATEMENT OF FACTS IN EACH CASE SHOULD BE INCLUDED IN, OR ATTACHED TO THE STATEMENT AND CERTIFICATE OF AWARD.