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B-187922 1 (1976-12-22)

handle is hein.gao/gaobaddwe0001 and id is 1 raw text is: d il I I a-- IeTHE COMPTRO.I.ER GENERAL f3ECIBlON * ' aFTHE UNITE STATES O WAU H IN TO d. C .C . RO548 FILE: 3-187922 DATE: Dece:er 22, 1976 MATTER OF: Paul E. Lehman, Inc. S.0 DiGEST: Where bidder's .rksheets establish nature of mistake and amount of intended bid, contract awarded abject to reser- vation of contractor's right to have contract reformed on basis of mistake in bid may be reformed to reflect bid actually intended, but may not be reformed with respect to items which contractor's evidence of claimed mistake is not clear and convincing. Paril E. Lehman, Inc. (Lehman) requests reformation of Department of Agriculture, Forest Service contract No. 01-2999, for the construction of Sunnit La!se Recreation area road No. 399, Monongatela National Forest. The basis for its request may be stated as follows. Invitation for bid R9-76-17 was issued on MHay 3, 1975, and five bids were received on June 18, 1976, as follows: Hiramrid-itchell Inc. $ 394,263.15 P.E. Lehman, Inc. 319,897.15 W.A. Ryder 469,532.30 K.M. Dunn 560,524.35 E.R. Totten 541,792.50 The Government estimate for the project was $347,252.79. Pecau&e of the disparity between Lehman's bid price and the other bid prices, the contracting officer requested Lehman to review and confirm it bid. By letters dated June 25 and June 28, 1976, respectively, Lehman asserted errors totalling $10,472.00. Lehman stated that the errors occurred as a result of itsusin3 an incorrect acreage figure under item 634 rcamp- ground parktrs spurs) and omitting the cost of loading, hauling - 1- 11* -. 1.

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