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B-197785.2 1 (1980-07-07)

handle is hein.gao/gaobabjul0001 and id is 1 raw text is: 





     GAO
     United States General Accounting Office         Office of
     Washington, DC 20548                               General Counsel
                                                        In Reply
                                                        Refer to:
                                                                B-197785.2'
                                           July 7, 1980

          Mr. James R. Dryden
          Acting Director of Administrative Services
          United States Department of Agriculture
          Forest Service
          P. O. Box 2417
          Washington, D.C. 20013

          Dear Mr. Dryden:

               Reference is made to your letter of June 4, 1980
          to our Office rqesajng advice on the appropriate pro-
          cedures to be used in the c-orrection of 7parent clerical
          mistakesin bidsin light of a statement in G. S. Hulsev
          Crushing, Inc., B-197785, March 25, 1980, 80-1 CPD 222.

               Before discussing that matter, we must disagree
          ,with your introductory statement that the Hulsey solic-
          itation provision effectively precluded any correction
          of the contract unit prices shown on the bids received
          and materially negated the use of § 1-2.406-2 of the
          Federal Procurement Regulations (FPR) to correct any
          apparent clerical mistakes. That solicitation provision
          provided:

               Extended unit prices must equal the total
               bid amount.   In the event they do not, unit
               prices shall govern.

               Despite the presence of a provision substantially
          similar to the above clause in many solicitations, we
          have consistently held that if the evidence establishes
          that a mistake was made in the unit price and that the
          extended price is correct, the extended price must con-
*trol. 40 Comp. Gen. 191 (1960). For example, in Engle
          Acoustic & Tile, Inc., B-190467, January 27, 1978, 78-1
          CPD 72, which also had a unit prices shall covern clause
          like that in Hulsey, we permitted award on the basis of

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