B-153395, APR. 7, 1964

B-153395, APR. 7, 1964

TO GEORGE A. GRANT, INCORPORATED:

REFERENCE IS MADE TO YOUR LETTER DATED MARCH 19, 1964, REGARDING YOUR CLAIM FOR CORRECTION OF AN ALLEGED MISTAKE IN YOUR ACCEPTED BID UNDER CONTRACT AT/45-1/1808 WITH THE ATOMIC ENERGY COMMISSION FOR PUREX WASTE ROUTING FACILITIES.

YOUR CLAIM WAS DISALLOWED BY DECISION OF FEBRUARY 18, 1964, IN WHICH YOU WERE ADVISED THAT YOUR BID WAS ONLY 2.65 PERCENT LOWER THAN THE GOVERNMENT'S ESTIMATE AND THE SECOND LOW BID WAS ONLY 10.3 PERCENT ABOVE THE ESTIMATE. YOU WERE FURTHER ADVISED THAT "YOUR BID WAS REGULAR ON ITS FACE AND WAS NOT SO FAR OUT OF LINE WITH OTHER BIDS RECEIVED AS TO GIVE THE CONTRACTING OFFICER ANY REASON TO SUSPECT ERROR IN YOUR BID OR TO PUT HIM ON NOTICE OF PROBABILITY OF ERROR.' IN YOUR PRESENT LETTER YOU ADVISE THAT YOU DISAGREE WITH THE LATTER STATEMENT. YOU POINT OUT THAT THE NEXT LOW BID WAS 13.6 PERCENT HIGHER THAN YOUR BID AND THAT THE AVERAGE BID WAS 22 PERCENT HIGHER THAN YOUR BID. YOU THEREFORE EXPRESS THE BELIEF THAT THE ATOMIC ENERGY COMMISSION DID HAVE REASON TO SUSPECT ERROR IN YOUR BID AND IN FACT RECOMMENDED THAT THE CLAIM FOR ERROR BE ALLOWED.

CONTRARY TO YOUR STATED BELIEF, THE ATOMIC ENERGY COMMISSION DID NOT IN ITS SUBMISSION OF THE MATTER TO OUR OFFICE RECOMMEND THAT RELIEF BE GRANTED. IT REPORTED THAT THE EVIDENCE SUBMITTED BY YOU CLEARLY ESTABLISHED A BONA FIDE MISTAKE, BUT ALSO STATED ITS VIEW THAT THE RECORD DID NOT INDICATE THAT THE MISTAKE WAS MUTUAL OR THAT THE CONTRACTING OFFICER WAS CHARGEABLE WITH CONSTRUCTIVE NOTICE THEREOF.

WHILE WE APPRECIATE YOUR POSITION IN THE MATTER, YOUR LETTER PRESENTS NO EVIDENCE OR MATERIAL FACT NOT PREVIOUSLY CONSIDERED, AND, IT THEREFORE AFFORDS NO BASIS FOR MODIFICATION OR REVISION OF OUR PRIOR DECISION.