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B-186130 1 (1976-05-12)

handle is hein.gao/gaobaddnf0001 and id is 1 raw text is: 





                            THE  COMPTROLLER GENERAL
DECISI      INl           . OF   THE    UNITED      STATES
                            WASHINGTON, D.C. 20548




FILE: B-186130                     DATE:   May 12, 1976

MATTER OF: Alden Construction Company


DIGEST:

      Contract awarded with knowledge of possible mistake
      in bid alleged prior to award may be reformed to
      reflect upward price adjustment in amount of error
      since award was made subject to final determination
      of mistake in bid claim and contractor's evidence
      leaves no substantial doubt as to existence and
      nature of mistake and amount of intended bid.


      The Veterans Administration (VA) has forwarded for our
 consideration a claim of mistake in bid submitted by Alden
 Construction Company (Alden) prior to the award of contract
 No. V646C-582 under a solicitation issued on May 28, 1975.

      The solicitation requested bids for alteration work to
 patients' bath and shower facilities and the self-care room
 in Building No. 6 at the Veterans Administration Hospital,
 Pittsburgh, Pennsylvania. Bids were opened on June 20, 1975,
 and the lowest bid received was from Alden in the amount of
 $36,670.  The only other bids received were in the amounts of
 $62,300 and $68,266. The Government estimate for the project
 was $28,500.

      On June 23, the contracting officer advised Alden of the
 bid prices received. Since the next low bid was $62,300, the
 contracting officer recommended that Alden recheck its work-
 papers.  Subsequently, Alden indicated that there was evidence
 of a malfunction in its adding machine which might have caused
 a $3,000 error in the addition of its costs. However, Alden
 agreed to accept award of the contract, but indicated that it
 would review its costs and the suspected malfunction and that
 if an error was in fact made, it would submit a claim under
 the appropriate regulations. Award was made to Alden on June 25
 subject to such reservation.


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