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B-202748 1 (1981-06-10)

handle is hein.gao/gaobadjlf0001 and id is 1 raw text is: 




~.ii


DECISION


FILE:


/


THE COMPTROLLER GENERAL
OF THE UNITED STATES
WASHINGTON,  0. C. 20548


B-202748


DATE:   June 10, 1981


MATTER OF:


Department of the Interior -- Request for
  Advance Decision


DIGEST:

     Contract may be modified and price increased
     to correct mistake alleged after bid opening
     and prior to award where bidder, still low,
     reserved right to have claim considered and
     submitted clear and convincing evidence of
     mistake that was made, of manner in which it
     occurred and of intended prices.


     The Department of the Interior requests an advance
decision whether to modify a contract with Hawkins and
Powers Aviation, Inc. (H&P) to correct an allegedly mis-
taken bid. The contract, awarded under solicitation No.
801-20, provides for the rental of 13 air tankers with
pilots for use by various agencies in Alaska. We conclude
that H&P's contract may be modified.

     H&P was the low bidder on items 8-13 of the solici-
tation for which the bidder was required to offer a
daily unit price for a guaranteed quantity of days and
a total item amount. In addition, H&P offered trade
discounts of 20 percent for items 8-11 and 25 percent
for items 12 and 13 if H&P received the award of all six
items. Since H&P was awarded all six items, its evalu-
ated prices were as follows:


      Unit
Item Price


Unit Price            Total Item
w/Discount Quantity     Amount


Item Total
(w/Dis-
count)


*                 8
                  9
                  10
                  11
                  12
                  13


$1,530
1,466
1,466
1,466
1,750
1,750


$1,224.00
1,172.80
1,172.80
1,172.80
1,312.50
1,312,50


90 days
90 days
90 days
90 days
90 days
90 days


$137,700
131,940
131,940
131,940
157,500
157,500


$110,160
105,552
105,552
105,552
118,125
118,125


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