THE NEXT LOW BIDDER OFFERED DESTINATION PRICES OF $74 TO SOMERVILLE, NEW JERSEY $79.80 TO BELL, CALIFORNIA AND $77.05 TO HINES, ILLINOIS. UPON EVALUATION, EMERSON'S BID OF $69 ON AN "ALL OR NONE" BASIS WAS DETERMINED TO BE RESPONSIVE. THE INVITATION WAS OPENED ON AUGUST 20, 1969, AND TWO FIRMS BID ON THE SURGICAL INSTRUMENT STANDS. THE STANDS WERE TO BE MADE IN ACCORDANCE WITH FEDERAL SPECIFICATION GG-S-743 AND DELIVERY WAS CALLED FOR ON OCTOBER 24, 1969.
SINCE NOTHING ON FACE OF BID INDICATED ACTUAL ERROR AND PRICE, BEING CLOSE TO COMPETITOR'S BIDS AND PREVIOUS BIDS FOR SAME ITEM, FAILED TO EVIDENCE CONSTRUCTIVE NOTICE, NO RELIEF CAN BE GRANTED NOR CAN CONTRACT BE REFORMED WHEN UNILATERAL MISTAKE IS ALLEGED, CONTRACTOR HAVING TO BEAR CONSEQUENCES OF OWN MISTAKE.īY LETTER DATED OCTOBER 30, 1969, REFERENCE 134G, THE DIRECTOR, SUPPLY SERVICE, HAS REQUESTED OUR DECISION CONCERNING THE ACTION TO BE TAKEN ON A MISTAKE ALLEGED AFTER AWARD IN A BID SUBMITTED BY THE EMERSON-SACK-WARNER CORP., SOMERVILLE, MASSACHUSETTS, UNDER INVITATION FOR BIDS M2-5-70, ISSUED JULY 30, 1969, CALLING FOR DELIVERY OF 155 SURGICAL INSTRUMENT STANDS AND TABLES TO THREE LOCATIONS (SOMERVILLE, NEW JERSEY BELL, CALIFORNIA HINES, ILLINOIS). MISTAKES-ALLEGATION AFTER AWARD-GENERAL RULE CONTRACTOR WHO ALLEGED MISTAKE IN BID 3 WEEKS AFTER AWARD AND REQUESTED CANCELLATION OF CONTRACT OR EXTENSION OF DELIVERY DATE AND INCREASE IN PRICE MAY NOT BE RELIEVED FROM CONTRACT AT PRICE STIPULATED UNDER RULE THAT WHERE MISTAKE IS ALLEGED AFTER AWARD NO RELIEF MAY BE GRANTED UNLESS MISTAKE IS MUTUAL OR CONTRACTING OFFICER WAS ON ACTUAL OR CONSTRUCTIVE NOTICE OF ERROR PRIOR TO AWARD.
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