B-99977, JAN 2, 1951

B-99977: Jan 2, 1951

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PRECIS-UNAVAILABLE THE HONORABLE THE SECRETARY OF THE AIR FORCE: REFERENCE IS MADE TO YOUR LETTER DATED DECEMBER 7. IT IS REPORTED THAT A QUOTATION WAS REQUESTED FROM CURTISS-WRIGHT CORPORATION (PROPELLER DIVISION). AF 33(038)-13503 WAS WRITTEN. THE UNIT PRICE OF THE SEAL WAS ERRONEOUSLY TYPED AS $0.10 INSTEAD OF $1.11. IT IS PROPOSED TO AMEND THE CONTRACT BY A "NO COST CHANGE ORDER" CORRECTING THE UNIT PRICE OF THE SEAL TO CONFORM TO THE CONTRACTOR'S BID. IT IS APPARENT THAT THE CONTRACT DID NOT EXPRESS THE INTENTION AND UNDERSTANDING OF THE PARTIES WITH RESPECT TO THE UNIT PRICE OF ITEM NO. 283. THIS OFFICE WILL NOT BE REQUIRED TO OBJECT TO THE REFORMATION OF THE CONTRACT TO EXPRESS THE TRUE AGREEMENT OF THE PARTIES. 20 COMP.GEN. 533.

B-99977, JAN 2, 1951

PRECIS-UNAVAILABLE

THE HONORABLE THE SECRETARY OF THE AIR FORCE:

REFERENCE IS MADE TO YOUR LETTER DATED DECEMBER 7, 1950, WITH ENCLOSURES, REQUESTING AUTHORITY TO REFORM-- BY REASON OF A TYPOGRAPHICAL ERROR-- CONTRACT NO. AF 33 (038)-13503, ENTERED INTO JUNE 3, 1950, WITH CURTISS- WRIGHT CORPORATION (PROPELLER DIVISION).

IN THE STATEMENT OF THE CONTRACTING OFFICER, ACCOMPANYING THE LETTER OF DECEMBER 7, 1950, IT IS REPORTED THAT A QUOTATION WAS REQUESTED FROM CURTISS-WRIGHT CORPORATION (PROPELLER DIVISION), CALDWELL, NEW JERSEY, ON APRIL 19, 1950, COVERING PROPELLER SPARE PARTS AS SET FORTH IN PURCHASE REQUEST NO. 118462; THAT THE CORPORATION SUBMITTED QUOTATION NO. 4831, DATED MAY 19, 1950, COVERING APPROXIMATELY 322 ITEMS, AND LISTED ITEM NO. 283, 400 SEAL, PART NO. 124620, AT A UNIT PRICE OF $1.11, TOTAL PRICE OF $444; AND THAT WHEN CONTRACT NO. AF 33(038)-13503 WAS WRITTEN, THE UNIT PRICE OF THE SEAL WAS ERRONEOUSLY TYPED AS $0.10 INSTEAD OF $1.11, BUT THE TOTAL PRICE APPEARED AS $444. IT IS PROPOSED TO AMEND THE CONTRACT BY A "NO COST CHANGE ORDER" CORRECTING THE UNIT PRICE OF THE SEAL TO CONFORM TO THE CONTRACTOR'S BID.

ON THE BASIS OF THE REPORTED FACTS, IT IS APPARENT THAT THE CONTRACT DID NOT EXPRESS THE INTENTION AND UNDERSTANDING OF THE PARTIES WITH RESPECT TO THE UNIT PRICE OF ITEM NO. 283. ACCORDINGLY, AND SINCE IT DOES NOT APPEAR THAT THE CONTRACT HAS BEEN COMPLETED, THIS OFFICE WILL NOT BE REQUIRED TO OBJECT TO THE REFORMATION OF THE CONTRACT TO EXPRESS THE TRUE AGREEMENT OF THE PARTIES. 20 COMP.GEN. 533.

THE PAPERS, WITH THE EXCEPTION OF THE STATEMENT OF FACTS BY THE CONTRACTING OFFICER, ARE RETURNED HEREWITH.