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B-181533 1 (1974-07-17)

handle is hein.gao/gaobadccw0001 and id is 1 raw text is: 9. abz Dollb20 F ymT CoMPTrlOLLRFJ GtNRFIAL OELtSlIIN *fj)n.oF THE LNITrMO 1TAT M S WASHINGTON, O,D. 00548 V/ FILE: B-181533 PATE: Y July 17, 1974 MATTER OF:* Makina Kimya Edustrisi Kurumu )arof; DIGEST: Correction of mistake alleged after award of surplue sales contract is permitted where record indicates thdt contracting agency was on constructive notice of nistake prior to award, and where record clearly ostblishes the alleged typographical error in placement of decimal point. Makina Kimya Ednstrisi Kurumu (HEK.) has alleged, after award, a mistahe in its price for an item in a surplus sales con- tract, and requests reformation of the contract price accordingly, Contract 11o. 50-4089-001 was negotiated witht1,K,E,K,, which we are advised is the only company authorized to purchase Defense Department excess property located in Turkey, The contract wat awarded by the Defence Supply Agency (DSA) on Febrviary 1, 1974 /V after M.K.E.K.lidi iuifl:1Wt gibittirfos on various items of Request for Quotation 50-4089, including an coffer of 0.65 TL (Turkish Lira) per pound for item 6, offered as 60,000 pounds of rubber scrap. By communication of February 27, 1974, M.K.E.K. alleged a typographical error in the price submitted for item 6, contending that the intended price was .065 TL per pound and requested refor- mation of the contract price accordingly. MK.E.K. has submitted its worksheet in support of its allegation, which reveals an 0,065 lbs/ entry for item 6. We are additionally advised by the DSA that M.K.E.K. held the previous contract for the same material at a unit price of 0.065 TL. The DSA submits that, under the circumstances, it is clear that M.K.E.K. did not intend to submit a quotation ten times that of its then existing sales contract, and that the sales contracting officer should be charged with constructive notice of such fact prior to award. Accordingly, the DSA recommends reformation of the contract. price to reflect a unit price of 0.065 TL for item 6. As a general rule, if -n offeror makes a unilateral mit.take, he is bound by the contract as awarded unless the contracting 703 'FI1' BEST DOCUMENT AVAILABLE ( 4- 0 dm I - .. I

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