Protest of Navy Allowing Competitor To Correct Bid Mistake

Kings Point Mfg. Co., Inc. (Kings Point) protested the Navy's proposed decision to permit Pioneer Recovery Systems, Inc. (Pioneer), to correct a mistake in bid alleged after opening but prior to award. The Navy stated that upon examination of the bids received, it suspected that a mistake had been made in Pioneer's bid and requested verification. Pioneer replied that its bid contained an error in price for two items and requested that the contracting officer permit correction. Pioneer submitted worksheets and a notarized statement indicating that the worksheets were the original documents prepared prior to bid opening, were used in the bid preparation, and were not altered. The contracting officer determined that Pioneer's worksheets and other data were clear and convincing evidence of the existence of a mistake in the actual bid intended and that the mistake was due to a misplaced decimal point. In its protest, Kings Point contended that the evidence Pioneer submitted did not unequivocally show what it intended to bid. Kings Point also objected to the refusal of the procuring activity or Pioneer to release to it the evidence Pioneer submitted to support its claim of mistake. After reviewing the record, GAO affirmed the procuring activity's decision to permit Pioneer to correct its bid in view of the evidence presented by the firm, the fact that Kings Point failed to show any basis for not allowing correction, and the fact that Pioneer's bid as corrected remained low. It was also held that the question of whether Pioneer's documents were required to be released to Kings Point was a matter for the Navy, not GAO, to resolve. The protest was denied.