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B-191786 1 (1978-07-18)

handle is hein.gao/gaobadgfl0001 and id is 1 raw text is: 4 ' THU CoMpTrDLLEA WNERL Op THE UNITED uTAria A~frEINQTN. DC. 2rG FILE: 0-191786 DATE: July 18, 1978 M%4ATTER OF: Farrell Construction Company DIGEST: 1. When contracting officer cannot determine, from pattern of pricing in bid as submitte4, what price bidder intended for omitted item, price Lay not be supplied after opening. 2. Fact that bidder may not have received one page of amendment, and therefore omitted price for mandatory item, does not warrant acceptarnce of bid with omitted price. 3. Mistake in bid rules may be applied only when bid is responsive and otherwise for acceptance, not to correct price omission. 4. Procuring agency, under ASPR, has discretion to determine amount and kind of equipment which may be included in and paid for as mobilization and preparation cost.-Arguments that Government may have to divert funds, pay interest on amounts due, or terminate before completion of contract are based on events which may or may not occur, and do not affect legality of proposed award. 5. Cost of special equipment acquired to perform ma'jor construction contract may be paid as incurred under mobilization and preparatory work clause without violating statute prohibiting advance payments. Moreover, Government's interests appear to be protected in case of termination for conven- ience. Farrell Construction Company (Farrell) protests award to any otherlcontractor under invitation for bids (IFB) No. DACW62-78-B-0050, issued by the Nashville, Tennessee, District of the Corps of Engineers (the Corps). The solicitation, issued on March 8, 1978, with an amended opening date of April 20, 1978, was for construction of the Divide Cut, Section 2, of the Tennessee-Tombigbee Waterway.

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