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B-220067 1 (1986-01-22)

handle is hein.gao/gaobadmdp0001 and id is 1 raw text is: - - II ICe l THE COMPTROLLER OENEAL OKCISION OP . o THE UNITSO STATES WAS HINGTO N. D.C. 20548 FILE: B-220067 DATE: January 22, 1986 MATTER OF: Western Alaska Contractors DIGEST: Where contract was awarded to low bidder which alleged mistake in its bid before award and parties agreed that contractor could pursue mistake claim, contract should be reformed to increase price in amount equal to an electrical subcontractor's quotation, because bid workpapers contain clear and convincing evidence that electrical subcontractor's quotation was mistakenly omitted from bid. Rowever, contract should not be reformed to reflect claimed markup on electrical subcontractor's quotation, because bid workpapers do not show any markup or oercentaqe used to compute markup for subcontract work nor do workpapers show any Pattern of applying markup on individual cost items. Western Alaska Contractors requests our review of the Army Corps of Engineers' denial of its preaward request to correct a mistake in its low bid submitted in response to invitation for bids No. DACA85-85-B-0036 issued by the Alaska District of the Corps for construction of miscella- neous mechanical and electrical maintenance and repair projects at Shemya Air Porce Base. Notwithstandinq the alleged mistake, Western Alaska was awarded the contract at its uncorrected bid price of $2,455,000. The parties agreed, however, that Western Alaska could present its pre- award claim for bid correction to our Office for resolution. We find that Western Alaska's contract should be reformed to allow upward correction representing the amount of a subcontractor quotation which was inadvertently omitted by Western Alaska from its bid. However, Western Alaska's request for correction in an additional amount representing markuo on the omitted subcontractor quotation is denied. The basic facts are not in dispute. Six bids were received bv the Corps in resoonse to the invitation, ranging O 4LL~

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