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[Request for Reformation of Contract With Bureau of Reclamation]

B-213495 Apr 18, 1984
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Highlights

A firm requested reformation of a Bureau of Reclamation contract and accepted award subject to an agreement with the agency to submit a mistake in bid claim to GAO. Since the awardee's bid would be low whether or not correction was permitted, and immediate award was required, the agency awarded the contract by correcting two bid pricing errors and forwarded a mistake claim to GAO for a third error. GAO agreed with the agency's decision to correct two bid pricing errors, but agreed with the agency that the evidence of the third mistake was not clear and convincing. GAO stated that a bidder who seeks correction of an error in its bid prior to award must submit clear and convincing evidence showing that the mistake was made, how it was made, and the intended bid price. Further, GAO will not disturb an agency's determination concerning bid correction unless there is no reasonable basis for the decision. Since the awardee failed to make the requisite showing with regard to the third mistake, GAO found no basis upon which to reform the contract.

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