Bidder Alleges Mistake in Bid Does Not Prohibit Bidding on Resolicitation

A company protested the award of a contract for certain construction work at a military academy under a resolicited invitation for bids issued by the Army Corps of Engineers. The awardee had been low bidder under the original solicitation and had withdrawn, claiming a mistake in bid. This original solicitation was subsequently canceled because the remaining bid, the protester's, was found to be unreasonably high. The protester contended that the awardee thus gained unfair knowledge of its competitor's prices and of the amount of the Government estimate and should not have been permitted to bid on the resolicitation. There is no legal basis which prohibits a mistaken bidder from rebidding on a subsequent solicitation, and neither bidder gained a competitive advantage from this procedure. GAO will not review protests concerning affirmative determinations of responsibility absent an allegation of fraud or misapplication of definitive responsibility criteria. The protest was denied.