About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline
LOG IN
LOG IN

B-213495 1 (1984-04-18)

handle is hein.gao/gaobadlqv0001 and id is 1 raw text is: THE COMPTROLLER GENERAL DECISION . OP THE UNITEO STATU8 V WASHINGTON. 0. C. 20548 FILE: B-213495 DATE: April 18, 1984 MATTER OF: A & J Construction Co., Inc. DIGEST: 1. Authority to correct mistakes alleged after bid opening but before award is vested in pro- curing agencies, and the weight to be given the evidence in support of an asserted mistake is a question of fact. GAO therefore will not disturb an agency's determination concerning correction unless there is no reasonable basis for it. 2. Agency reasonably may rely upon a solicitation clause providing that the unit price will govern in case of a discrepancy between the unit and the extended prices where the bid would be low whether either price were used and it is not clear that it is the unit, rather than the extended, price that is incor- rect. A&J Construction Co., Inc. requests reformation of a contract with the Bureau of Reclamation, Department of the Interior, for furnishing and installing pipe and associated work on the Pick-Sloan Missouri Basin Project in Valley County, Nebraska. The firm accepted award subject to an agreement to submit its mistake in bid claim, raised before award, to our Office. Three mistakes are involved here: an error in extension of unit prices for two line items; another in addition of unit or extended prices for individual line items; and a third allegedly caused by subtracting the incorrect total for these items from the intended bid price to arrive at a subtotal for the remainder of the more than 200 items. We agree with the agency's decision to correct the first two mistakes, resulting in a $7,755 decrease in A&J's original bid price, but find that the evidence of the third mistake is not clear and convincing. Since the contract as awarded reflects the correction, there is no legal basis for reformation.

What Is HeinOnline?

HeinOnline is a subscription-based resource containing thousands of academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.



Contact us for annual subscription options:

Contact Us

Already a HeinOnline Subscriber?

Log In

profiles profiles most