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B-191209 1 (1978-08-29)

handle is hein.gao/gaobadgjh0001 and id is 1 raw text is: L


                        . THE  COMPTROLLER GENERAL
DECISION                  OF  THE    UNIT~iVf   STATWB
                  ...VASHINGTON, 0.0. 20542



FILE:       B-191209            DATE:  August 29, 1978

MATTER   OF:  Western  States Construction
              Company,  Inc.

DIGEST:

      Bidder accepting  award of contract, sub-
      jeot to  reservation of rights to have
      mistahe  in bid claim considered may have
      contract price  adjusted upward to reflect
      omitted direct  materials costS and round-
      ed off profit  thereon. FAct  that exact
      bid intended  cannot be determined'with
      certainty  is not bar to correction since
      uncertain  amounts are insignificant in
      view of wide  spread between contract
      price and  next Xow bid and relativr
      standing of  bidders would not change if
      correction  to allow for questicnable
      elqments of bid  (such as overhead) were
      permitted.
      Pursuant~to i,-mistake in bid alleged before
 award, the Weste h  States -Conrtruotion Company
 (Western) requests  an $198,936 increase in its
 contract (No. P25600-77-90322,'awarded  by the Air
 Force) calling  for the repaiv of 54 Titan 11 ICDM
 sites.  The Air  Force previously considered the
 mistake claim and denied  the claim for correction.

      Western originally  submitted a bid of $3,314,000,
 which was approximately  one million dollars below  the
 next low bid.  In  response to a cequest for verifica-
 tion of the bid price, Western  adv-ised the con-
 tracting.,officer that a mistake had been made in
 the caluulation of mate'ials  cost in that the cost
 of 1080 hose assemblies had  been inadvertently
 omitted. According  to Western, the hosing costs were
 listed on a separate 'flex  hose summary sheet,
 and while its main  spreadsheets  contained a notatioa
 to cross-reference to  the summary sheet to obtain
 the total hose cost, during  the final calculations
 of the bid the notation was  overlooked and the hosing
 costs were omitted  from the final total figure for
 materials costs.  After  explaining the mistake,


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