Request for Contract Reformation

B-183653: Nov 28, 1975

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The agency requested approval of the contracting officer's recommendation that a contract be reformed to reflect correction of a mistake in bid alleged after award. Although offered prompt payment discounts could not be considered in the evaluation of offers, the contracting officer should have been on constructive notice of an error in the prompt payment discounts of "25 percent--10 days" since discounts offered by other proposers ranged from 0.25 percent to 3 percent for payment within 20 days. Since thecontracting officer was on constructive notice of the mistake in the low proposal and since no verification was requested, the contract may be reformed to reflect a discount of 2.5 percent for payment within 10 days.