B-182624, DEC 23, 1974

B-182624: Dec 23, 1974

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REQUEST FOR RELIEF BASED ON ERROR IN BID ALLEGED AFTER AWARD WHERE BID WAS IN EXCESS OF GOVERNMENT ESTIMATE IS DENIED. SINCE CONTRACTING OFFICER WAS NOT ON ACTUAL OR CONSTRUCTIVE NOTICE OF POSSIBILITY OF ERROR. MCGILL GRAPHIC ARTS (MCGILL) WAS AWARDED JACKET NO. 558-287 FOR THE PRINTING OF 100. SIGNATURES ARE POSSIBLE. THE SIX BIDS RECEIVED IN RESPONSE TO THE SOLICITATION WERE: MCGILL GRAPHIC ARTS $4. 735 THE GPO ESTIMATE FOR THE CONTRACT WAS $4. WHERE AN ERROR IN BID IS ALLEGED AFTER AWARD OF A CONTRACT OUR OFFICE WILL GRANT RELIEF ONLY IF THE MISTAKE IS MUTUAL OR THE CONTRACTING OFFICER WAS ON ACTUAL OR CONSTRUCTIVE NOTICE OF THE ERROR PRIOR TO AWARD. CONSTRUCTIVE NOTICE IS SAID TO EXIST WHEN THE CONTRACTING OFFICER.

B-182624, DEC 23, 1974

REQUEST FOR RELIEF BASED ON ERROR IN BID ALLEGED AFTER AWARD WHERE BID WAS IN EXCESS OF GOVERNMENT ESTIMATE IS DENIED, SINCE CONTRACTING OFFICER WAS NOT ON ACTUAL OR CONSTRUCTIVE NOTICE OF POSSIBILITY OF ERROR.

MCGILL GRAPHIC ARTS:

ON OCTOBER 16, 1974, MCGILL GRAPHIC ARTS (MCGILL) WAS AWARDED JACKET NO. 558-287 FOR THE PRINTING OF 100,000 COPIES OF A PAMPHLET FOR THE UNITED STATES GOVERNMENT PRINTING OFFICE (GPO) AT ITS BID PRICE OF $4,667.

AFTER AWARD, MCGILL ASSERTED THAT AN ERROR HAD BEEN MADE IN ITS BID BY ESTIMATING THAT 4-24 PG. SIGNATURES COULD BE OBTAINED FROM A 29-1/8 X 48 PRESS SHEET WHEREAS ONLY 2-24 PG. SIGNATURES ARE POSSIBLE.

THE SIX BIDS RECEIVED IN RESPONSE TO THE SOLICITATION WERE:

MCGILL GRAPHIC ARTS $4,667

WICKERSHAM PRINTING CO., INC. 5,841

THE DINGLEY PRESS 6,250

SMITH-EDWARDS-DUNLAP CO. 6,280

PHILLIPS BROS. INC. 7,516

SPANGLER INC. 7,735

THE GPO ESTIMATE FOR THE CONTRACT WAS $4,245 BASED ON AN ACTIVE ANNUAL TERM CONTRACT FOR SIMILAR ITEMS AWARDED IN MAY 1974.

WHERE AN ERROR IN BID IS ALLEGED AFTER AWARD OF A CONTRACT OUR OFFICE WILL GRANT RELIEF ONLY IF THE MISTAKE IS MUTUAL OR THE CONTRACTING OFFICER WAS ON ACTUAL OR CONSTRUCTIVE NOTICE OF THE ERROR PRIOR TO AWARD. COMP. GEN. 672 (1969). CONSTRUCTIVE NOTICE IS SAID TO EXIST WHEN THE CONTRACTING OFFICER, CONSIDERING ALL THE FACTS AND CIRCUMSTANCES OF A CASE, SHOULD HAVE KNOWN OF THE POSSIBILITY OF AN ERROR IN BID. 44 COMP. GEN. 383, 386 (1965).

THERE HAS BEEN NO SHOWING THAT THE CONTRACTING OFFICER WAS ON ACTUAL NOTICE OF AN ERROR IN THE BID. MOREOVER, SINCE THE BID WAS IN EXCESS OF THE GOVERNMENT ESTIMATE FOR THE CONTRACT, WE CANNOT CONCLUDE THAT THE CONTRACTING OFFICER SHOULD HAVE CONSIDERED THAT THE BID WAS UNUSUALLY LOW AND THAT HE WAS ON CONSTRUCTIVE NOTICE OF THE POSSIBILITY OF ERROR WHICH WOULD HAVE REQUIRED A REQUEST FOR VERIFICATION OF THE BID.

IN THE CIRCUMSTANCES, WE FIND NO BASIS FOR GRANTING RELIEF TO MCGILL.