What Must a Contractor Prove to Obtain Relief Based on a Unilateral Mistake?
In Orion Technology, (ASBCA No. 54608, March 28, 2006) the government was unreasonable in interpreting the contractor’s staffing plan and should have suspected a mistake. The Air Force issued an RFQ for fuels management services at Columbus AFB, Mississippi pursuant to FAR 13.5, Test Program for Certain Commercial Items. Orion Technology, Inc. (Orion) prepared an offer in cooperation with Phoenix Management, Inc. (PMI), with whom Orion had a teeming agreement. PMI was an experienced fuels management government contractor and was responsible for preparation of the offer, technical direction, and pricing of the contract. PMI prepared the manning estimates for the quotation. PMI made a clerical error and left out one page of its manning estimate from the quotation. The quotation left out a lead fuels distribution specialist (expeditor) for the second shift, omitted two fuel distribution specialists, and did not provide any hydrant operators. When the government’s quality assurance evaluat
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