Wender Presses, Inc. v. The United States

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• asking whether contracting officer had constructive knowledge of mistake in bid due to spread in submitted bids
• applying test of reasonableness to whether facts of case should have adduced suspicion of mistake
• holding no constructive notice where plaintiffs bid was 125% higher than second highest bid because “there was a wide range on a percentage basis between the various bids,” i.e., the second highest was 42% higher than the third, 128% higher than the fourth, and 1,095% higher than the fifth
• bid disparity alone explained by bid item being surplus property given to wide range of costs
• A mistake in a bid claim may be pursued “only if defendant’s responsible official knew or should have known of the mistake at the time the bid was accepted”
• 125 percent variance, no imputed knowledge

Source: CourtListener parenthetical corpus (CC0).