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Claim of Mistake in Bid

B-195871 Sep 25, 1979
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Highlights

The General Services Administration (GSA) forwarded for consideration a claim of mistake in bid submitted by a firm after the award of a contract for janitorial services. In view of the difference between the awardee's bid and the only other responsive bid received prior to award, a telegram was sent to the firm requesting it to review its bid to determine whether a mistake had been made since the bid was significantly below the next responsive bid. By letter, the firm confirmed its bid price quotation to be true and correct as stated. However, after performing the first month of services the firm orally advised GSA that an error had been made in computing its bid pice in not including its total profit, administrative cost, and supplies in its price. The contracting officer had previously apprised the firm of an apparent mistake and pointed to the disparity in bids received. This adequately satisfied the contracting officer's verification duty. In addition, the firm understood the scope of the work since it was the incumbent contractor. The contract price was not substantially below the Government estimate nor less than the price bid for substantially the same services a year before. Under the circumstances, enforcement of the contract at the awarded price is not unconscionable. Therefore, there was no basis for revision of the contract.

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