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B-191272 1 (1978-08-30)

handle is hein.gao/gaobadgjm0001 and id is 1 raw text is: THE CIVIPTROLPRu n .lnAL DECISION . .DFT5ir O TH U UNITED STATEB 4j:'2$i5rWASHINGTON,, 0.0C. 20546 FILE: B-191272 DAT: Aigurpt 30, 19'9 MATTER OF: Sunland Refining Corporation DIGEST: 1. Bid'er whose claim of mistake before award was rejected by'contracting agency accepted award at allegedly erroneous bid prices but reserved right to pursue matter at further levels, Contract is svbject to reformation where bidder shows by clear and convincing evidence existence and nature of mist9ke and amounts of intended bids. 2. Contractor seeking contract reform&tion on basis of alleged mistake in bids--use of cents sign instead of dollar sign-has presented as evidence industry ad'general custom and usage; form of other bids; con- tracting agency's interpretation of bids that did not include any signs as expressions of dollars; and worksheets. Upon review, GAO concludes that mistake and intended bids have been shown clearly and convincingly. Contract may therefore be reformed to extent not to affect relative standing of bidders at bid openin9. Back round SInvitation forbids (IFB) No. EL-78-B-01-7108 was issued by the Department of Energy (DOE) to sell 98,795 barrels of oil per day (BOPD) produced at the Elk Hills, California, petroleum reserve. The amount included 25,000 BOPD set aside for small business refiners. The sale was authorized under section 201(11)(b) of the Naval Petroleum Reserves Production Act of 1976, 10 U.S.C. S 7430(b) (1976), which directs the public sale of the United States' share of crude oil production to the highest qualified bidder for a period of not more than 1 year. K

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