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Request for Contract Modification because of Alleged Errors in Proposal

B-189346 Aug 25, 1978
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Highlights

A company sought an upward adjustment of its contract price because of alleged errors in its proposal which it contended it had brought to the attention of the agency before the contract award. The contracting officer should have been on notice of a possible error and requested verification when a telegram was received stating that the bid contained an inadvertent omission. No recovery was allowed on an allegedly mistaken low quote where a subcontractor performed work at this price and there was no loss to the offeror. Since evidence submitted by the offeror in connection with two items did not prove intended prices, payment for these items may be made on a quantum meruit basis. Correction is allowed to cover a mathematical error which is shown by workpapers to exist, and the contractor is not required to show that no contingency was included in the price that might cover the error.

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