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B-189949 1 (1977-11-15)

handle is hein.gao/gaobadfhq0001 and id is 1 raw text is: THE COMPTROLLER CWNERAL DECIBICN . 10 . OF THE UNITEO *TATES WASHINGTON. D.C. RO540 FILE: B-189949 DATE: November 15, 1971 MATTER OF: Fortec Constructors DIGEBT: Uncertainty as to intended bid does not bar bid correction where uncertain amount is relatively small compared to difference between corrected bid and next low bid and is within relatively narrow range so an to not be inconsistent with clear and convincing evidence of what bid would have been. Pursuant to a mistake in bid alleged before award, Fortec Constructors requests a $41,283 increase in its contract awarded under invitation for bids (IFB) No. DACA63-77-B-0081 issuLJ by the Fort Worth District, U.S. Army Corps of rngineers (Corps), on May 12, 1977. The IFB called for the constiuction of the United States Armed Forces Reserve Center at Albuquerque, New Mexico.,,At bid op'ening, 2 p.m. on June 29, 1977, Fortec submitted the low bid of $3,312,000. The second low bid was $3,474,000. At 3:25 p.m. on June 29, the Corps received a TWX from Fortec advising that Fortec had discovered a clerical error of $40,000 in its bid and requesting an increase in that amount. By follow-up letter dated June 29, 1977, Fortec requested that its bid be increased by $39,600, explaining that its mistake had occurred wnen an amount representing the mechanical work was erroneously cransferred from the worksheet to the adding machine as $4,400 instead of the intended $44,000. On June 30, 1977, Fortec re- quested a further increaqe of $1,683 for New Mexico state cnd local taxes of 4-1/4 percent.on the $39,600 increase previously requested. In support of its requests, Fortec submitted an adding machine tape, what is alleged to be its original worksheet, quotations from subcontractors for th;. mechanical work, and affi- davits from Fortec's estimator and managing partner regarding the occurrence of the mistake. ep - 1 -L 11

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