Claims of Mistakes in Bids
If the government knew or should have known of a mistake in a
contractor's bid, and failed to request adequate verification of
price before award, the bidder may obtain the equitable remedy of
reformation to correct a unilateral mistake. See United States v.
Hamilton Enterprises, Inc., 711 F.2d 1038 (Fed. Cir. 1983); Burnett
Electronics Laboratory, Inc. v. United States, 479 F.2d 1329 (Ct.
1973); Alabama Shirt & Trouser Co. v. United States, 121 Ct. Cl.
(1952); Ruggiero v. United States, 420 F.2d 709 (Ct. Cl. 1970).
contracting officer reasonably suspects or should suspect that a
has been made, he/she must request the bidder to verify the bid.
so doing, he/she must inform the bidder of why the request for the
verification is being made. See 48 C.F.R. § 1-2.406-31; United
States v. Hamilton Enterprises, Inc., supra; United States v. Metro
Novelty Manufacturing Co., 125 F. Supp. 713 (S.D.N.Y. 1954).|
[cited in USAM 4-4.420]