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B-213916.2 1 (1984-05-25)

handle is hein.gao/gaobadlsm0001 and id is 1 raw text is: THE COMPTROLLER GENENAL ECISION .'OP THE UNITED STATES WAGHINGTON, O.C. U084U FILE: B-213916.2 OATE: May 25, 1984 MATTER OF: M.G.M. Construction Co.--Reconsideration OIGEST: 1. Contractor's assertion that at the time it accepted a contract it reserved the right to file a claim for bid correction is not a basis for GAO to consider a postaward mistake in bid claim under grant where the contractor has not submitted documentary evidence to support its reservation of right. 2. Contractor asserting that since federal forums (e.g., Claims Court) are unavail- able to contractor under federal grant, initial decision reliance on rules appli- cable to direct federal procurements was improper does not provide basis for GAO to supply forum for postaward contract adjustment since it is not function of GAO to provide forum for every claims involv- ing federal funds and contractor has access to state court. 3. GAO's consideration of postaward protests against an agency's decision to permit bid correction does not require GAO to con- sider postaward mistake in bid claims since the two situations are legally different. M.G.M. Construction Co. (MGM) requests that we reconsider our decision M.G.M. Construction Co., B-213916, February 15, 1984, 84-1 CPD 208. In that decision, we refused to consider MGM's request for an upward price adjustment in its contract with the Central Main Sanitation Agency (CMSA). The contract was awarded pursuant to an Environmental Protection Agency grant. In MGM's bid price for schedule A, it had inserted $2,400,000 in longhand and $2,450,000 in numerals. Based on a solicitation provision which stated that the written amount would control where there was a discrepancy between a

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