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B-189346 1 (1978-08-25)

handle is hein.gao/gaobadgjg0001 and id is 1 raw text is: I, ,THE COMPTROLLER OWNMRALT tti DUCIUION S THU JNiTWW BTATED - NA8HINGON, D .C. ROS48 FILE: 0-189346 DATE: August 25, 1978 MATTER OF: Al Johnson Construction Company DIGEST; Contracting officer should have been on notice of possible mistake in proposal and requested verification when tele- gram wa received which stated that offeror inadvertently failed to in- clude one Million Five Hundred Twenty Thousand ($1,520,000.0)) Dollar contin- gency * * 2. Where,offeror alleges it mistakenly in- cluded low quote for drilling in its proposal, no recovery is allowed because offeror sustained no loss as it used sub- contractor supplying low quote to perform work. 3. Since evidence submitted by offeror in connection with two items in proposal containing mistakes do not prove intended prices, payment for items may be made on quantum meruit basis. 4. Where workpapers show mathematical error was made and amount of that error con- tractor does not have to show that no contingency has been included in price that might cover error before correction is allowed. Al Johnson Construction Company (Johnson) seeks relief from alleged mistakes it made in its pro- posal which resulted in a contract with the Army Corps of Engineers (Corps) to complete a dam at R.D. Bailey Lake, Guyandot, West Virginia. Johnson contends that it informed the Corps that its proposal contained mistakes before it was awarded the contiact and therefore is entitled to have its contract price adjusted upward to its intended price. I

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