B-177672, MAR 5, 1973

B-177672: Mar 5, 1973

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WHERE THE BID AS ACCEPTED WAS IN LINE WITH THE GOVERNMENT ESTIMATE AND THE OTHER BIDS RECEIVED AND THE CONTRACTING OFFICER HAD NO ACTUAL OR CONSTRUCTIVE NOTICE OF ANY ERROR BEFORE AWARD. A VALID AND BINDING CONTRACT WAS CONSUMMATED BY THE ACCEPTANCE OF THE BID. NO LEGAL BASIS EXISTS FOR GRANTING RELIEF ON ACCOUNT OF AN ERROR ALLEGED AFTER ACCEPTANCE IN THE QUOTATION OF THE SUPPLIER OR SUBCONTRACTOR UPON WHICH THE BID WAS BASED. JOHNSON: REFERENCE IS MADE TO LETTER 134C DATED DECEMBER 15. WHICH WAS ALLEGED AFTER CONTRACT NO. WAS AWARDED TO CAIRONE IN THE AMOUNT OF $25. THE GOVERNMENT ESTIMATE AND THE BIDS OF THE OTHER TWO BIDDERS FOR THE WORK WERE $24. SINCE THE LOW BID WAS IN LINE WITH THE ESTIMATE AND THE OTHER BIDS RECEIVED.

B-177672, MAR 5, 1973

CONTRACT - MISTAKE ALLEGED AFTER AWARD - LACK OF NOTICE DECISION REGARDING A MISTAKE IN BID ALLEGED BY STANDARD PLUMBING AND HEATING, INC., A SUBCONTRACTOR OF JOSEPH A. CAIRONE, INC., AFTER THE AWARD OF A CONTRACT TO CAIRONE BY THE SUPPLY SERVICE, DEPARTMENT OF MEDICINE AND SURVEY, VETERANS ADMINISTRATION. WHERE THE BID AS ACCEPTED WAS IN LINE WITH THE GOVERNMENT ESTIMATE AND THE OTHER BIDS RECEIVED AND THE CONTRACTING OFFICER HAD NO ACTUAL OR CONSTRUCTIVE NOTICE OF ANY ERROR BEFORE AWARD, A VALID AND BINDING CONTRACT WAS CONSUMMATED BY THE ACCEPTANCE OF THE BID. THUS, NO LEGAL BASIS EXISTS FOR GRANTING RELIEF ON ACCOUNT OF AN ERROR ALLEGED AFTER ACCEPTANCE IN THE QUOTATION OF THE SUPPLIER OR SUBCONTRACTOR UPON WHICH THE BID WAS BASED. B-175386, JUNE 1, 1972.

TO MR. DONALD E. JOHNSON:

REFERENCE IS MADE TO LETTER 134C DATED DECEMBER 15, 1972, FROM THE DIRECTOR, SUPPLY SERVICE, DEPARTMENT OF MEDICINE AND SURVEY, CONCERNING A MISTAKE IN BID BY STANDARD PLUMBING AND HEATING, INC., A SUBCONTRACTOR OF JOSEPH A. CAIRONE, INC., WHICH WAS ALLEGED AFTER CONTRACT NO. V642C-113, DATED DECEMBER 22, 1971, WAS AWARDED TO CAIRONE IN THE AMOUNT OF $25,570.

THE GOVERNMENT ESTIMATE AND THE BIDS OF THE OTHER TWO BIDDERS FOR THE WORK WERE $24,011, $29,538 AND $31,348, RESPECTIVELY. SINCE THE LOW BID WAS IN LINE WITH THE ESTIMATE AND THE OTHER BIDS RECEIVED, AWARD WAS MADE TO CAIRONE. AFTER AWARD THE SUBCONTRACTOR ALLEGED THAT A MISTAKE WAS MADE IN ITS QUOTATION TO CAIRONE AND REQUESTED RELIEF FROM THE CONTRACTING OFFICER IN THE AMOUNT OF $3,000. THEREAFTER, THE CONTRACTOR FILED A CLAIM FOR RELIEF ON BEHALF OF THE SUBCONTRACTOR.

OUR OFFICE HAS HELD THAT WHERE THE BID AS ACCEPTED WAS IN LINE WITH THE GOVERNMENT ESTIMATE AND THE OTHER BIDS RECEIVED AND THE CONTRACTING OFFICER HAD NO ACTUAL OR CONSTRUCTIVE NOTICE OF ANY ERROR BEFORE AWARD, A VALID AND BINDING CONTRACT WAS CONSUMMATED BY THE ACCEPTANCE OF THE BID. THUS, NO LEGAL BASIS EXISTS FOR GRANTING RELIEF ON ACCOUNT OF AN ERROR ALLEGED AFTER ACCEPTANCE IN THE QUOTATION OF THE SUPPLIER OR SUBCONTRACTOR UPON WHICH THE BID WAS BASED. B-175386, JUNE 1, 1972; B 174921, APRIL 5, 1972; AND B-172205, MARCH 30, 1971.

IN THE CIRCUMSTANCES, THE REQUEST FOR RELIEF IS DENIED.