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Request for Contract Reformation Because of Alleged Bid Error

B-185703: Jul 9, 1976

A company requested reformation of two contracts because of an alleged error in price discovered after award under a negotiated procurement. The contracting officer was not placed on constructive notice of the contractor's error by comparing it with a noncompetitive offer, and he fulfilled his verification duty by advising the offerer that its price was substantially lower than its previous award...

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B-185703, JUL 9, 1976

B-185703: Jul 9, 1976

IN NEGOTIATED PROCUREMENT CONTRACTING OFFICER WAS NOT PLACED ON CONSTRUCTIVE NOTICE OF CONTRACTOR'S UNILATERAL MISTAKE. DISCOVERED AFTER AWARD BY VIRTUE OF COMPARISON WITH NONCOMPETITIVE OFFER AND WAS NOT THEREFORE REQUIRED TO REQUEST VERIFICATION OF OFFER. 2. WHO HAD NO SUSPICION OF SPECIFIC MISTAKE IN AN OFFER BUT REQUESTED VERIFICATION ADVISING OFFEROR THAT ITS OFFER WAS "SUBSTANTIALLY LOWER" T...

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