[Protest of Corps of Engineers Contract Award]

A firm protested a Corps of Engineers construction contract award, contending that it should have received the award because it was the low bidder. The protester had been notified that it had submitted the low bid based on the available contracting funds. However, the contracting officer discovered before bid opening that the amount of available funds stated in the solicitation was erroneous and that the protester was not the actual low bidder. The Corps awarded the contract to the next low bidder. The protester argued that the low bidder must be determined on the basis of the funds thought to be available prior to bid opening, regardless of accuracy of the amount stated in the solicitation. GAO held that the Government cannot be bound to enter into a contract at a price more than the funds actually available. Accordingly, the protest was denied.