B-164530, AUG. 27, 1968
Highlights
THERE IS ENCLOSED A COPY OF OUR DECISION OF TODAY TO THE ADMINISTRATOR. WE HAVE REVIEWED THE DECISIONS OF THIS OFFICE CITED IN YOUR LETTER OF JULY 3. TO THE CONTRARY WE HAVE HELD THAT A CONTRACTING OFFICER'S ERROR DETECTION DUTY DOES NOT REQUIRE A COMPARISON OF CURRENT BIDS WITH PRICES OF PAST PROCUREMENTS.
B-164530, AUG. 27, 1968
TO BELLERS, CONNER AND CUNEO:
WITH REFERENCE TO YOUR LETTER OF JULY 3, 1968, CONCERNING THE CLAIM OF STANDARD OIL COMPANY (KY.) FOR A PRICE ADJUSTMENT UNDER CONTRACT NO. GS- 04S-14684, THERE IS ENCLOSED A COPY OF OUR DECISION OF TODAY TO THE ADMINISTRATOR, GENERAL SERVICES ADMINISTRATION, EXPRESSING OUR CONCURRENCE WITH THE VIEW ADVANCED BY THAT ADMINISTRATION IN ITS LETTER OF JUNE 5, 1968, THAT STANDARD'S CLAIM FOR RELIEF ON THE BASIS OF A MISTAKE IN ITS BID SHOULD BE DENIED.
WE HAVE REVIEWED THE DECISIONS OF THIS OFFICE CITED IN YOUR LETTER OF JULY 3, AND WE DO NOT CONSIDER ANY OF THOSE DECISIONS AS STANDING FOR THE PROPOSITION ADVOCATED BY YOU THAT CONSTRUCTIVE NOTICE OF STANDARD'S MISTAKE IN ITS BID MAY BE IMPUTED TO THE GOVERNMENT FOR THE REASON THAT THE CONTRACTING OFFICER DID NOT COMPARE THE SUBJECT BID PRICE WITH THE PRICES SUBMITTED IN THE PRIOR YEAR'S PROCUREMENT OF GASOLINE FOR THE SITE CONCERNED. TO THE CONTRARY WE HAVE HELD THAT A CONTRACTING OFFICER'S ERROR DETECTION DUTY DOES NOT REQUIRE A COMPARISON OF CURRENT BIDS WITH PRICES OF PAST PROCUREMENTS. SEE 39 COMP. GEN. 405 AT PAGE 408.