B-211800, JUN 3, 1983

B-211800: Jun 3, 1983

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DIGEST: GAO WILL NOT CONSIDER REQUEST FOR RESCISSION OF A CONTRACT DUE TO A MISTAKE IN BID ALLEGED AFTER AWARD SINCE. STIEGLITZ & GROSSMANN ALLEGES THAT ITS INTENDED BIDS FOR TWO ITEMS OF STONES WERE SUBSTANTIALLY LESS THEN ITS SUBMITTED BIDS. OUR OFFICE GENERALLY WILL NOT CONSIDER A CONTRACTOR'S REQUEST FOR RESCISSION OF ITS CONTRACT DUE TO A MISTAKE IN BID ALLEGED AFTER AWARD OF THE CONTRACT. WE WILL NOT CONSIDER STIEGLITZ & GROSSMAN'S REQUEST.

B-211800, JUN 3, 1983

DIGEST: GAO WILL NOT CONSIDER REQUEST FOR RESCISSION OF A CONTRACT DUE TO A MISTAKE IN BID ALLEGED AFTER AWARD SINCE, ACCORDING TO THE CONTRACT DISPUTES ACT OF 1978, THE MATTER SHOULD BE SUBMITTED TO THE CONTRACTING OFFICER FOR A DECISION.

STIEGLITZ & GROSSMANN MANUFACTURING:

STIEGLITZ & GROSSMAN MANUFACTURING REQUESTS RESCISSION OF CONTRACT NO. GS -00-DS-(S)34025 AWARDED TO THE FIRM BY THE GENERAL SERVICES ADMINISTRATION'S STOCKPILE DISPOSAL DIVISION FOR INDUSTRIAL DIAMOND STONES. STIEGLITZ & GROSSMANN ALLEGES THAT ITS INTENDED BIDS FOR TWO ITEMS OF STONES WERE SUBSTANTIALLY LESS THEN ITS SUBMITTED BIDS, WHICH THE GOVERNMENT ACCEPTED.

OUR OFFICE GENERALLY WILL NOT CONSIDER A CONTRACTOR'S REQUEST FOR RESCISSION OF ITS CONTRACT DUE TO A MISTAKE IN BID ALLEGED AFTER AWARD OF THE CONTRACT. BECAUSE A MISTAKE CLAIM ALLEGED AFTER AWARD INVOLVES MATTERS RELATING TO THE CONTRACT ITSELF, IT SHOULD BE FILED WITH THE CONTRACTING OFFICER FOR A DECISION PURSUANT TO THE CONTRACT DISPUTES ACT OF 1978, 41 U.S.C. SECS. 601-613 (SUPP. IV, 1980). TRI-STATES SERVICE COMPANY, B-208567, JANUARY 17, 1983, 83-1 CPD 44.

ACCORDINGLY, WE WILL NOT CONSIDER STIEGLITZ & GROSSMAN'S REQUEST.

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