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[Navy Request for Reconsideration of Sustained Bid Protest]

B-213160.2 Published: Aug 29, 1985. Publicly Released: Aug 29, 1985.
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Highlights

The Navy requested reconsideration of a decision that the bids of two firms under its solicitation for building repairs and alterations should have been rejected. GAO had found that the bidders had mistakenly bid on the basis of the building being unoccupied although the specifications required that it be occupied. The Navy had rejected the mistaken low bidder's bid but had awarded the contract to the other bidder in view of that bidder's waiver of its mistake. GAO found that, since the awardee had not submitted a bid on the basis of the specification requirements, the award was improper because there was no assurance that the bid represented the best price. In its reconsideration request, the Navy argued that the decision was based only on the self-serving statements of the bidders and that there was no evidence that the rejected low bidder would have submitted a lower corrected bid than the awardee. GAO had based its decision on corroborating statements from the subcontractors for the two bidders and had not made any assumption as to possible bid amounts if the bids had been in compliance with the specifications. Accordingly, since there was no evidence that the original decision was legally incorrect, that decision was affirmed.

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Bid errorsBid protest reconsiderationsBid rejection protestsImproper award of contractNaval procurementSolicitation specificationsSolicitation specifications waiversU.S. NavyBiddersSpecificationsBid evaluation protestsSubcontractorsModificationsIntellectual property rights