Claim of Mistake in Bid

The Veterans Administration forwarded a firm's claim of a mistake in bid submitted after the award of contract. The contracting officer had requested that the low bidder verify its bid price as it was considered to be significantly lower than the second low bid received. A representative of the firm orally verified that its bid price was correct as submitted. The general rule applicable to a mistake in bid alleged after award is that the sole responsibility for the preparation of a bid rests with the bidder. Where a bidder makes a mistake in bid, it must bear the consequences of its mistake unless the mistake is mutual or the contracting officer was on actual or constructive notice of an error prior to award. When a bidder who is requested does verify its bid, the subsequent acceptance of the bid by the contracting officer creates a valid and binding contract. In this case, the low bidder was advised that there was a substantial difference between its bid price and the second low bid. Nevertheless, it verified its price as being correct, and the contracting officer in reliance on this verification made an award. There was no legal basis for granting the relief requested.