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B-183643 1 (1975-08-08)

handle is hein.gao/gaobadcka0001 and id is 1 raw text is: 


                               TE  COMPTROLLER GENERAL
DECISION         .           OF   THE     UNITED      STATES
                             WA  SH  IN GTON, D.C. 20548
                      %ITO0



FILE: B-183643                      DATE:     August 8, 1975

MATTER OF:       White Abstract Company


DIGEST:

     Contractor's price of $100 per ownership for furnishing,
     preliminary certificates of title limited its payment to
     that amount for the preparation of a certificate on a 2,025
     acre tract for which there were 74 abstracts of title con-
     taining 3,700 entries.  Relief will be granted where bidder's
     mistake is so great that it would be unconscionable to limit
     compensation to the amount of the contract and where con-
     tracting officer should have been on notice of the error in
     the contractor's bid.

     White Abstract Company (White), has requested reformation
of its contract No. DACW41-73-D-0020, which was for the fur-
nishing of tract ownership data and title evidence for real property
ownerships located within the Long Branch Project Area, Macon
County, Missouri.  The procurement of these services was under-
taken for the purpose of facilitating the acquisition of property or
easements needed for the development of the Long Branch Project.
This solicitation was for all of the remaining ownerships within
the project area, which were estimated to be 74.

     Invitation for bids (IFB) No. DACW41-73-0041 called for bids
on three schedules.  Schedule I required unit and total price on
approximately 74 Tract Ownership Data on properties located in
Macon County, Missouri, to be acquired in connection with the Long
Branch Lake.  Schedule I also required title evidence as specified
in Schedule II and/or III for Long Branch Lake.

     Schedule II called for the delivery of preliminary certificates
of title for an estimated 74 ownerships as ordered by the contracting
officer.  White's bid of $100 per ownership was to apply to title evi-
dence ordered for each tract in contiguous ownership without reference
to size or the number of abstract parts or chains of title involved
and was to include all charges, including attorney's fees for abstract-
ing and title work, as well as $1,000 of title insurance. Further sub-
parts of Schedule II provided for bids for increases in price for title
insurance in excess of $1,000 on an increasing sliding scale. Schedule
III, an alternative to Schedule II, called for the delivery of policies
of title insurance, including endorsements showing title in the United
States and including liability per ownership on a sliding scale similar
to the scale set forth in Schedule II.


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