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B-184321 1 (1976-07-14)

handle is hein.gao/gaobadcxa0001 and id is 1 raw text is: W THE COMPTROLLER GENERAL DECISION -4/ . OF THE UNITED STATES WAG F IHINGTON 0 C. 20540 FILE: B-184321 DATE: July 14, 1976 MATTER OF: Dyneteria, Inc. (reconsideration) DIGEST: 1. GAO sees no distinction between claim of mistake in bid asserted by counsel for claimant and one asserted by corporate officer of claimant since both are agents for corporation and claim of error asserted by either is asserted on behalf of corporation. 2. Even recognizing that estimates for subitems 4(a)(4) and 4(b)(3) were, unlike other subitems, to be bid on per pickup basis, in view of earlier decision that from face of bid intended unit prices were $10.64 and $10.44 for all 4(a) and 4(b) subitems due to clerical error in multiplying intended unit prices by 12, and also 1,100 percent disparity between unit prices for 4(a)(4) and 4(b)(3) and Government estimate, contracting officer could have considered subsequently claimed error of unit price increase for 4(a)(4) and 4(b)(3) by factor of 12 as apparent clerical mistake. 3. While it is possible that apparently intended unit prices could be other than one-twelfth of those sub- mitted, when pattern of overstating unit prices by factor of 12 and fact that unit and extended prices were almost exactly 12 times Government's estimate are analyzed, it is clear that mistake was clerical and that resolution is apparent from face of bid. 4. Where there is apparent clerical mistake, the intended bid usually is determined from face of bid. However, where worksheets furnished to verify bid are in posses- sion of Government and are plainly inconsistent with what seems intended from face of bid, they cannot be ignored when to do so would usurp otherwise low bidder from its standing. 5. Not proper to make award to bidder where it appears that, if total prices had been divided by correct num- ber of pickups per year in calculating unit prices on worksheets, bidder would not be low, and it is also - 1 -

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